The three-hour-and 45-minute meeting devoted just over three hours of discussion and public comment to Lake County Resort Partners Inc.'s Provinsalia proposal, the 292-acre nine-hole golf course and subdivision project that would be located along Cache Creek at 17012, 17055 and 17065 Dam Road.

For about the first hour of the discussion, City Administrator Dale Neiman and planning consultant Melissa Floyd presented background information on the project, its demographics, California Environmental Quality Act requirements, and staff's assessment of the potential benefits and impacts of Provinsalia's 565 homes and 100 condominiums.

That discussion included a lengthy list of the qualifications of city staff to deal with the project, which Neiman felt it necessary to give in response to recent comments and articles in the local media.

He reviewed the history of Provinsalia's main documents and the actions taken so far by the city, including the Clearlake Planning Commission's unanimous Dec. 16 vote in support of the city moving forward with the project.

Neiman said the city did additional analysis on the project because of AB 32, state legislation requiring agencies to make efforts to address global warming. He said the climate change issue is “a moving target.”

Provinsalia would be built in 10 phases. Floyd explained that the first phase would include 50 lots for single-family homes, rough grading for Provinsalia Avenue relating to phases one through four, water and sewer would be extended to the site, a propane gas storage facility would be constructed as would the entire golf course, onsite street drainage for the homes and the golf course. The golf course pro shop and maintenance yard also would be built, the easements for the entire trail system would be dedicated, and phase one's trail portions would be constructed and a playground built.

At that time there also would be a dedication of open space to the city, and the developer would enter into an agreement with the city for potential golf course abandonment, in which case the land would be converted to open space in perpetuity, Floyd said.

Community members offer thoughtful perspectives

Following the staff presentation, the council received two hours of public comment from approximately 18 people, of which 15 spoke against the project or outlined serious concerns, and three expressed support. Several speakers noted the quality and thoughtfulness of the comments.

The first person at the microphone, Sierra Club Lake Group Chair Victoria Brandon, started off by taking exception to a comment made during the staff presentation that Provinsalia is an infill project.

“It seems to me the absolute opposite of infill,” she said, pointing out there are other areas of the city where infill could be pursued but hasn't been.

She outlined numerous concerns, including reduction in carbon sequestration due to the remove of hundreds of trees, which would be replaced by baby trees that don't take in as much carbon. She also questioned the millions that it may cost to make the city's sewage collection system capable of handling the new homes, the possibility of no credit being available to build, the struggling economy and the wisdom of approving such a project in light of that situation, and the perceived hurry the city is in to get the project through, despite the fact that it's been around for years.

Brandon made two specific suggestions: require a performance bond to guarantee that site alternations – such as grading or removing trees – would take place before the permits are granted, and a sunset clause included in the rezone request so that, if work doesn't start in a specific period of time, the rezone runs out.

Longtime Clearlake resident Shirley Howland said the project “just won't work right now,” although it might in 20 years. She questioned that anyone would buy a $250,000 house on a 5,000 square foot lot when nicer, larger homes can be bought at better prices in places like Hidden Valley Lake.

Konocti Unified Superintendent Bill MacDougall explained that the district has made several recent improvements – new libraries and a new gym – with the help of bond funding.

“I don't think I can go to that well again,” he said in trying to look for other ways to improve district facilities.

The district is facing tough budget times and looking at cutting personnel and consolidating some schools because of the challenges ahead, said MacDougall.

If Provinsalia brought 500 new students to the district, they would need accommodation. The environmental impact report had noted that the project may come up short in the developer fees that support school facility improvements, so that would mean, in essence, another cut on top of the cuts the district already is facing from the state budget crisis, MacDougall said.

Provinsalia also would bring more traffic onto Dam Road and then onto Lake Street, which runs in front of Lower Lake High and Lower Lake Elementary. “There's a lot of traffic in front of them, right now,” he said.

Oak Hill Middle School has modular buildings that need to be replaced at an estimated cost of $12 million, he said.

“I'm concerned about this project and I hope you'll take great consideration on how it impacts our children and our schools,” he said.

Glen Goodman said the project would end up costing the taxpayers money to cover the necessary services. He also questioned why no environmental impact report has been done on the necessary road construction.

Goodman called Provinsalia “classic sprawl” that would lead to destruction of natural resources, more traffic congestion, less water, more roads and a lot more money for taxpayers, who he said needed to be told how much they stood to pay.

Dante DeAmicis said Clearlake's redevelopment theme should be “Forever 50s,” since it's taking a 1950s-style approach – using a golf course to sell lots.

DeAmicis anticipated big problems with the loss of trees and the “big teeth” the Air Resources Board has and is likely to use due to the new power granted to it in AB 32.

Big Valley resident Roberta Actor-Thomas said the city can't legally approve the final environmental impact report because it's still deficient. She said they shouldn't depend on a development to save the city.

She said the oak groves that would be removed would impact the watershed, because the oaks allow the soil to hold 100 times more water.

“This project is so ill-conceived that we can't help but question the motives of its supporters at city hall,” she said, adding that it seemed that city staff was trying to sell the property when the city should appear neutral.

Debra Sally said the Provinsalia project, with its Cache Creek frontage, should be used as a park, or even as a resort. “I don't think it's too late to consider what could happen here.”

Angie Siegel, who has been involved in land use advocacy issues for eight years, said she wants to see Lake County grow intelligently.

“It's important not to act out of desperation,” she said.

She suggested city staff shred a PowerPoint used to explain Provinsalia's benefits as opposed to other residential areas of the city. “You've made the rest of the city of Clearlake look like a hellhole.”

Provinsalia will have a huge impact, much of which cannot be mitigated, she said.

She said she respects that they're trying to make the city a better place, and asked them to consider the public's comments and act wisely.

Clearlake native Ed Robey, who recently retired from District 1 supervisorial post, complimented city staff on taking a project with incredible flaws and making it better.

However, Provinsalia still has big problems, he said, pointing to concerns about there being enough capacity in the pipeline that transports wastewater to The Geysers for injection in the steamfields if Provinsalia hooked up to it.

Robey then referenced a letter from Caltrans that was submitted to the city, asking that the council turn down the project until traffic impacts are mitigated to the agency's satisfaction.

“My bottom line about this project is it's premature,” he said. “What you've got is a 1960s subdivision project and it's kind of been spruced up a bit.”

He added that the city can do better.

Project also has supporters

Lakeport resident Ron Rose, who owns several properties in Clearlake, voiced his support for Provinsalia, which he said would benefit every city resident over time.

He said the project wasn't perfect. “You have to take the good with the bad.”

Rose agreed that the city needed to make sure the project followed rule and regulations so that, if things are done wrong, taxpayers don't get stuck paying for the fix.

Robert Riggs delivered to the council the opinions and observations offered by the city's Vision Task Force Steering Committee, which has discussed Provinsalia at several meetings.

“I think there is very healthy skepticism about many aspects of this project,” said Riggs.

City staff has done a good job of drilling down into the project's details, but there are still areas that need work to make sure it doesn't go sideways and result in a failure for the city, he said.

Some of the project's specifications aren't in the specific plan but in a memo Neiman wrote, which doesn't have the force of law, Riggs said.

He said a sunset clause should be written into the project's approvals. “This should not be a vehicle for land speculation.”

Summarizing the group's stance on Provinsalia, Riggs said, “We are not desperate to have this.” The council, he added, needs to “button down” certain aspects of the project to make sure it's done right.

Planning Commissioner Al Bernal, who voted to support the council's approval of Provinsalia, addressed various points of concern, including tree removal. He said there actually would be a net increase in trees, with trees replaced and 1,100 other trees of various types will be planted.

Bernal said that although the economy is in bad shape now, it will recover just as it has before. He estimated it will be two to three years before a shovelful of dirt is turned. Provinsalia will put a lot of people to work and result in additional commerce with the purchase of building materials.

Pointing to the proposed development at the city's airport property, Bernal said that development will provide places for Provinsalia's residents and residents from the rest of the city to make purchases rather than leaving the county.

“This ties together and it fits very well,” he said.

The council voted to continue the public hearing on Feb. 26, at which time council members will have a chance to ask questions and carry on their own discussion of the project's merits.

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The suit, which County Counsel Anita Grant expects to be filed by week's end in Sacramento County Superior Court, may end up being a moot point, if the report from the state capital that a budget deal is imminent holds true.

Following a board discussion in closed session on Tuesday, Supervisor Rob Brown moved the proposal to enter the litigation, which the board unanimously approved.

That action by the board joins the county to a lawsuit led off by Sacramento County, Grant said.

Other counties joining the suit include El Dorado, Lassen, Imperial, Mendocino, Los Angeles, Napa, Orange, Riverside, San Bernardino, San Diego, San Francisco, San Luis Obispo, San Joaquin, Shasta, Solano, Tulare and Ventura, Grant said. Still others are taking the matter to their board meetings, she added.

Lake County's board's action was in response to State Controller John Chiang's Jan. 16 announcement that he would withhold certain payments to counties.

Chiang spokesperson Hallye Jordan told Lake County News on Wednesday that Chiang began delaying the payments – which aren't required by federal law, the state constitution or court order – as of Feb. 1.

On Tuesday, Chiang reported on the state's cash balance, receipts and disbursements for January, noting that the state's major revenue sources “are simply unable to support the programs and services provided in California’s budget.”

January’s totals were $2.18 billion below the same month of last year, with personal income tax alone dropping by $1.62 billion, or 19.5 percent. However, January’s totals were actually $223 million stronger than those estimated in the governor’s 2009-10 budget projections.

By the end of January, the state had only $2.7 billion remaining in special funds available for internal borrowing, according to Chiang's office. Without delaying payments, the state would deplete those borrowable funds and drop $346 million into the red by the end of February.

Jordan said Chiang understands the frustrations felt by counties. But, until the governor and Legislature addresses the $42 billion budget gap, Chiang has no choice but to withhold the payment, said Jordan.

“He's got $10 worth of bills and $6 in the bank,” she said.

The state's budget problems – which Jordan said have been going on for years – coupled with the severe economic downturn and increased deterioration of revenues have led to the current situation. Jordan said the state's budget was 85 days late and was out of balance “before the ink was dry.”

The state can't get credit because Wall Street knows that they have a deficit with no plans to fix it, said Jordan.

But Grant said Chiang doesn't have the statutory or constitutional authority to withhold funds that already have been appropriated.

Cox said the county is particularly concerned about the withholding of money for CalWorks and other benefits program payments.

He explained that the federal government gives the state funds for those programs, which the state in turn is meant to pass down to the counties, along with additional state funding.

“At this point they're holding the federal share,” he said of the state.

Cox added, “We all think it's important we register our objection to this. It's not acceptable.”

Many people rely on the affected welfare programs for the basic necessities, including food and rent, said Cox.

“We have to stick up for them, too,” he said of the program's benefit recipients.

Added Grant, “You're talking about some of our most disadvantaged citizens.”

She said she doesn't know of a situation in recent history in which the county has sued the state.

“I don't honestly think we've been in a position like this before,” Grant said.

North Coast Sen. Patricia Wiggins (D-Santa Rosa) said she understands the pressure counties are under right now.

“They're trying to provide important services to people, including people who are in dire need, yet they don't have the money to meet those needs,” she said. “It's frustrating for everyone.”

However, Wiggins said Chiang is trying to do what's in the best interest of California as a whole.

“Unfortunately, he's in a no-win situation,” she said. “If he doesn't defer the money from these programs, he'll just have to cut from other programs. Either way, the people lose. At the end of the day, it's not about the state's budget, county budgets or city budgets. It's about serving the public.”

Cox said the lawsuit may not even get to the point where it needs to move forward. “It just can't go on much longer,” he said.

And it may not.

David Miller, Wiggins' spokesman, told Lake County News on Wednesday night that they've been told to expect a vote on a state budget deal on Friday.

“We understand that there is a framework for a budget agreement that will include some $15 billion-plus in cuts, $14 billion-plus in revenues and around $12 billion in borrowing,” said Miller. “It's time to put this matter behind us, but we won't know how individual members are likely to vote until a formal agreement is in place and they all have a chance to pour over the details.”

In a related item, on Tuesday Board of Supervisors Chair Denise Rushing brought an extra agenda item to the board – a proposed letter to the county's legislators regarding local leaders' alarm over the budget stalemate – which was approved.

The letter also would address another state plan to defer payments to counties for state-mandated programs such as mental health, public health and welfare assistance for seven months, a plan Lake County News reported on earlier this month.

“We understand that the choices before you are difficult and there are no easy answers for putting the state's finances back in order,” the letter from the board to Wiggins and Assemblyman Wes Chesbro says. “However, any further deferral of payments to counties will only compound the hardships being created by the current economic crisis.”

The letter goes on to ask them to demand from their legislative colleagues that the issues with the proposed deferments and the budget be immediately resolved – “in a fair and equitable manner that will enable our county to continue providing essential services to the members of the public whom we all have made a commitment to serve.”

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The proposed Provinsalia development will be the topic of a public hearing hosted by the Clearlake City Council on Feb. 12.

CLEARLAKE – The proposed Provinsalia development will be the subject of a public hearing at the Clearlake City Council this week.

The hearing will be held during the council's regularly scheduled meeting, which begins at 6 p.m. at Clearlake City Hall, 14050 Olympic Drive.

Lake County Resort Partners Inc., headed by Mexican businessman Jorge Rangel de Alba, proposes to build Provinsalia on 292 acres stretching across three parcels at 17012, 17055 and 17065 Dam Road.

Dick Price, who represents Lake County Resort Partners Inc., told Lake County News he will attend the Thursday public hearing.

The project's scope includes 565 single family homes, 100 condominiums, a nine-hole golf course and open space.

Price told Lake County News in an interview late last year that Provinsalia would be completed in 10 phases. Lake County Resort Partners proposes to sell the phases to national-level builders who would in turn do the building.

Last April, Price made a presentation to both the commission and the council on Provinsalia, and city leaders – as well as community members – were able to ask questions, as Lake County News has reported.

Several months of work by city staff and consultants followed on the proposed final EIR. That led up to two public hearings in December before the Clearlake Planning Commission.

On Dec. 16, the commission voted unanimously to recommend that the council take several actions with respect to the project.

Those actions, which the council will consider during the course of the upcoming public hearing, include certifying Provinsalia's draft and final environmental impact report (EIR), amending the general plan land use designation from managed development-resource protection area to specific plan, adopting the draft Provinsalia specific plan and rezoning the property from resource protection to specific plan.

The council also will authorize City Administrator Dale Neiman to execute the subdivision construction agreement for the Clearlake Crossings subdivision, located at the intersection of Highway 53 and Old Highway 53.

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The Board of Supervisors voted last Tuesday to support a $1 million Community Development Block Grant that will seek $700,000 to build a new Live Oak Senior Center.

Community members spoke to the board on behalf of the application for the center, which is aging and in need of serious repair.

“This is an extraordinary operation,” Clearlake Oaks resident Chuck Lamb said.

He said center executive director Pat Grabham “is beyond reproach” in her work with the center and the seniors she serves.

“She's an extraordinary woman who had done absolutely amazing things for that organization,” Lamb said.

The center is an important community meeting center, with a lending library and computer, and an extraordinary Meals on Wheels operation, Lamb said. It's also a repository for Environmental Protection Agency and county documents.

Lamb said the center staff “compassionately monitors” the seniors who rely on the center's services.

Hank Bushell, chair of the United Methodist Church's council, said the center and church sit next door to one another. He said many church members at at the center, which is just down the road from the new Eskaton senior living facility that is being built.

Bushell said the center is often full now for meals, and he asked the board to support the application in light of the need.

Carol Huchingson, director of the county's Social Services Department, said she supports applying for money for the center. However, for the rest of the $1 million, she asked that it be used for existing programs her agency runs.

Supervisor Jeff Smith said as he's watched Clearlake Oaks evolve, the senior center has been a part of the puzzle.

Supervisor Anthony Farrington said all senior centers in the county provide similar services. While he gave his support to the $700,000 allocation for Clearlake Oaks, he wanted to look at finding funds for the domestic violence shelter project that Lake Family Resource Center proposes to build in Kelseyville.

Supervisor Denise Rushing, whose district includes part of Clearlake Oaks, said she supported giving the center the full $700,000 allocation.

The center already has architectural drawings prepared for a new facility, she said.

“It's shovel ready,” said Rushing. It's also needed, she added.

“This has been an amazing community to work with,” Rushing said of Clearlake Oaks.

Rushing said the county also should be looking at projects to apply for next year in order to be ready to move forward on them as quickly as possible. She added that she expects to see more Community Development Block Grant funding due to the president's stimulus package.

In order to move the grant application, Rushing – who is board chair – passed the gavel to Farrington, who is vice chair. She then moved to apply for the full $1 million grant, with the $700,000 allocation for the center project, which Smith seconded.

The 5-0 vote of the board received a standing ovation from the community members who were in the chamber's audience.

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The meeting will begin at 9 a.m. in the Board of Supervisors chambers, 255 N. Forbes St. TV Channel 8 will broadcast the meeting live.

The Lake County Fish and Wildlife Advisory Committee will make the presentation to the board at 10:30 a.m.

The committee has prepared an 18-page white paper titled “Identifying risk factors to strengthen current strategies aimed at minimizing the introduction of quagga and zebra mussels.”

The paper identifies positive actions the county has taken and prioritizes the risk factors associated with each of the county's water bodies.

It also provides guidance on how the county can approach the requirements of AB 2065, which took effect last month. According to the report, the new legislation requires public reservoirs where recreation is allowed “to assess their vulnerability to mussel infestation and develop and implement a program to prevent their introduction.”

The county's three “primary locations of concern” are Clear Lake, Lake Pillsbury and Indian Valley Reservoir.

“Because of year round access, the large size of the lake and the relative ease of access to the water, Clear Lake is at the highest risk of infestation of any of the at risk water bodies found within the county,” the report states. “The sheer number of access points warrants a discussion of risk factors associated with each type as a means to identify those potential access points that pose the highest risk of introduction and where limited resources can be targeted.”

The report also looks at risky entry points, of which public improved trailer vehicle access points appear to be of the most concern as they pose the greatest risk of introducing quagga and zebra mussels.

“By identifying potential risks associated with each type of access point, Lake County can begin to effectively address the multifaceted approach needed to engage various user groups, agencies and members of the public in their attempt to minimize the likelihood of mussel introduction,” the report explains.

The report finds that the local sticker program and the state's inspection efforts appear to be working, but it suggests that the out-of-county sticker program must be improved, and there should be a statewide system for identifying zones of infestation, much as has been done with such invasive species as hydrilla and medfly.

Because the threat is too big for Lake County to deal with alone, the report suggests continuing collaboration with other agencies and points to the need to have a lead state agency. In the latter case, the report states that the Department of Fish and Game should be reevaluated as lead agency to ensure it has the resources to address the threat.

Other items on the agenda include the following.

Timed items:

9:15 a.m.: Discussion/consideration of proposed resolution allowing lease of Holiday Harbor in Nice, providing for a discounted annual rate in the amount of $5 per month, which is equivalent to one month free rent to year-long tenants.

9:25 a.m.: Presentation of proclamation designating the month of February 2009 as Children's Dental Health Month in Lake County.

9:30 a.m.: Update on the Clear Lake Aquatic Plant Management Program and presentation on the 2008 California Food and Agriculture Hydrilla Eradication Program.

11 a.m.: Discussion/consideration of request from the Lake County Fish and Wildlife Advisory Committee to donate $1,000 to support the Sunset Fishing Resort Annual Youth Fishing Derby in Clearlake.

11:15 a.m.: Consideration of proposed budget transfer B-120 in the amount of $5,380 for purchase of one stabiscope (gyroscopic binoculars, in lieu of forensic software previously budgeted), to be used during overflight of marijuana gardens during eradication efforts, Budget Unit No. 2203 – Sheriff/Marijuana suppression

Untimed items:

– Update on the emergency action taken by the Lake County Board of Supervisors on Dec. 9, 2008, declaring the continuance of the existing local emergency in regards to the court order issued by the Sacramento Superior Court which prohibits fish stocking by the Department of Fish and Game in

water bodies in Lake County.

– Consideration of applications from members of the public for appointment to miscellaneous Lake County committees, commissions and advisory boards.

– Consideration of request for out-of-state travel for an investigator to Weippe, Idaho, to complete a background investigation of a communication operator candidate.

The board also will hold a closed session to discuss labor negotiations, conduct a performance evaluation for Agricultural Commissioner Steve Hajik, and discuss existing and potential litigation, as well as the county's initiating litigation against the state controller.

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Michael van der Boon, 73, of Hidden Valley Lake, was voted in as the new commission at the Board of Supervisors meeting on Jan. 20, after being nominated for the position by new District 1 Supervisor Jim Comstock.

Van Der Boon, who was sworn in at the Jan. 22 commission meeting, succeeds Monica Rosenthal, 49, of Middletown, who served one two-year term on the commission under now-retired Supervisor Ed Robey.

Rosenthal,a 13-year county resident who owns a ranch south of Middletown, said she became interested in land use issues and applied for the position when Frieda Camotta announced her plans to retire in 2006. Rosenthal's husband, Dave, served on the Middletown Area Plan Committee. The Rosenthals manage a vineyard.

She said two of her toughest decisions while on the commission involved the Van Eck riding academy project near Kelseyville, which involved agricultural property across from a subdivision, and the Erik Thorsen-Ron Jacobs case in which Jacobs installed a pier that Thorsen said intruded on his property.

Comstock said nine people applied for the spot, including Scott Fergusson, who had run against him for the supervisors seat early last year.

“I had met with Monica prior and invited her to apply out of respect for the sitting person,” Comstock said.

Comstock eventually interviewed seven applicants, all of whom were very good, he said.

Rosenthal said she applied to stay on the commission, and was interviewed by Comstock. On Jan. 19 she found out she had not been chosen, and said she wasn't given a reason.

“I felt that where I wanted to go, that Mike van der Boon was more in line with my views than any of the others,” said Comstock.

He said that van der Boon said in his application that the county needs to have business and prosperity, but also needs it to be a place where his grandchildren can come and live. Comstock said that lines up with his view.

Van der Boon said he's looking forward to serving on the commission, noting there were several “very capable applicants.”

“I feel real honored to have been appointed planing commissioner for District 1,” he said.

Van der Boon said during his first meeting he was concentrating on learning more about the issues before the commission. “I did a lot of listening,” he said.

“He had to hit the ground running,” Comstock added.

The Jan. 22 commission meeting held the first hearing on the Valley Oaks project. Van der Boon said he plans to visit the property soon.

Comstock said he has known of van der Boon – who moved from Cloverdale to Hidden Valley Lake eight years ago – for 25 years, but actually got to know him personally over the last five years.

“He's a community-minded guy,” said Comstock, who added that van der Boon also is a sharp business man.

Van der Boon said he owned a wholesale meat company in Healdsburg for 25 years.

It was in Healdsburg that he first became involved in planning issues, beginning as a member of a committee that supported the city's planning commission, and later working with the commission as well.

Van der Boon said he became interested in serving locally based on the simple fact that this is where he now makes his home.

He said he voted for Comstock and likes some of his ideas.

Van der Boon himself said he would like to see some changes locally, particularly bringing more paved roads to parts of the county.

He said he will be open to both sides of each question, and will listen to both sides.

“I've always been interested in helping out the community and staying busy,” he said.

Van der Boon has a fascinating history. A native of Rotterdam, Holland, his youth in the Netherlands witnessed the country's occupation by the Germans during World War II.

In 1954, the Netherlands was still recovering from the war, which left many bombed and damaged cities and a battered economy. “There was very little work, there was very little housing,” he said.

He was required to sign up for a 22-month stint in the Dutch army, but one day spotted a newspaper article in which Queen Juliana of the Netherlands decreed if anyone immigrated they could have an exemption from military service.

As it turned out, his future wife, Ingrid, left her home in Nuremburg, Germany, by ship on the same day as he left by ship from Rotterdam. Their ships arrived the same day in Quebec City, Canada, and they would ride the same immigrant train to Ottawa, where both moved to the city's west end.

Eventually, they both started working for the same company, and that's how they met. He said it was “predestined.”

The van der Boons moved to California in 1963. They have two sons and a daughter, and four grandchildren, all of whom live in Sonoma County.

About five years ago he wrote a memoir titled “Sweet and Sour” to describe for his children and grandchildren his life in Holland under German occupation – “five miserable years” of getting bombed – and his adventures since then.

Van der Boon is vice president of the Lions Club, a 32^nd degree Mason with the Clearlake lodge and president of Santa Rosa's German Club. He's previously been very active in youth-related activities, having helped found a youth soccer league in Healdsburg, and worked with FFA and 4-H.

He said he and Ingrid still visit Europe every other year to see relatives. They usually rent a car and drive all over Europe during their visits.

Comstock said he doesn't anticipate any big development projects for van der Boon to have to decide on for the south county any time soon.

“The economy doesn't look particularly promising in the immediate future,” he said.

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