The agenda included a long list of consent agenda items, which usually aren't controversial and don't require action.

However, several items were pulled for discussion, including a report on the Dutch Harbor property, submitted to the council by Redevelopment Manager Richard Knoll.

Councilman Ron Bertsch questioned a first right of refusal the city had given developer Matt Boeger on the land in a 2006 agreement.

"Did any money change hands?" Bertsch asked.

City Attorney Steve Brookes said no.

"To me it's not legal if no money changed hands," said Bertsch.

Brookes said the agreement essentially gives Boeger the right to match any offer made to the city by another party seeking to purchase the land.

Knoll said he spoke with Boeger last week, and that Boeger doesn't have any plans for the property at this point.

In the staff report, Knoll had mentioned the possibility of the Redevelopment Agency purchasing Dutch Harbor. The first right of refusal would still be Boeger's even in that case, said Brookes.

Knoll said his report had mentioned merging Dutch Harbor with adjoining land to market it. "With a larger parcel of land, there is greater flexibility in terms of development potential," he said.

That doesn't mean, however, that the city is intending to focus on Natural High, Knoll added.

Lakeport businesswoman Cheri Holden asked the council how they were defining development in terms of Dutch Harbor.

Knoll replied that he's framing development in terms of how the land is zoned. The zoning allows for lake-oriented commercial and resort activities, as well as a number of commercial uses.

Holden said she and many people who signed petitions in March want the property to remain freely accessible. Closing it off to public access "is something I and others won't support."

An ordinance limiting the number of rooms in a bed and breakfast returned to the council Tuesday night, but the council decided to table it until members had the chance to look at other issues arising over bed and breakfasts.

City planning staff brought the issue to the council after it was pointed out that the wording - which has been in place since a new zoning ordinance was adopted in 1999 - should be changed to include the word "maximum," which had been omitted. As it's currently worded, the ordinance requires bed and breakfast inns to have five bedrooms.

Also on the agenda was a proposal by Gregory Gill seeking to have a bed and breakfast in a four-bedroom home on 16th Street, which also will be held over in order to settle the issue with the ordinance.

One of Gill's neighbors, Todd Falconer, who opposes the plan, accused city staff of seeking to alter the ordinance in favor of Gill. "There was a wholesale effort to convert the ordinance to the application."

City Manager Jerry Gillham denied that there was any attempt of wrongdoing, and said he didn't think it was right for Falconer to use the meeting to berate city staff in public.

The lengthy discussion led Councilman Bob Rumfelt to suggest the council was "putting a lot of time into not much," when it came to a seemingly minor ordinance change.

Councilman Roy Parmentier pointed out that, according to current wording, Gill's plan is illegal.

"How did it get this far?" asked Bertsch.

"It just comes from business as usual," Parmentier replied.

In other city business, the council - sitting as the Lakeport Redevelopment Agency - approved moving forward with preliminary design engineering for right-of-way improvements at 562 S. Main St., and awarded a bid for $468,000 to FEDCO Construction of Santa Rosa for the City Hall and Third Street Improvement Project.

The council also approved a list of street projects submitted by City Engineer Scott Harter that will make the city eligible for about $400,000 in Proposition 1B funding.

In order to apply for and receive the funding, Harter said the city needed to have a plan for using the funds, and the projects also needed to be included in an adopted city budget.

"I chose projects which were currently in the budget to facilitate a speedy process," Harter said.

The listed projects are the S. Main Street drainage and pedestrian improvements; chip sealing and micro paving on Armstrong, 16th, Forest, Forbes, Second and Third; pedestrian improvements on Martin from Estep to Forbes; replacing crosswalk markings; and pedestrian and bike trail improvements along Forbes Creek Trail.

Harter said the projects total more than $800,000, well above the funding, but they give the city choices.

Knoll reported to the council that a signing session for the city's redevelopment bonds was held Tuesday.

The bonds, which will total more than $2.9 million, will begin funding Thursday, said Knoll, and will be used to help redevelopment projects. Because of a good credit rating, the city received an additional $200,000 in funding they weren't expecting.

E-mail Elizabeth Larson at This email address is being protected from spambots. You need JavaScript enabled to view it..

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The MADD Multimedia Broadband School Assemblies will take place at 10 local schools this week, according to Judy Thein, a Clearlake City Council member and founding member of Team DUI, a group of local officials working to stop underage drinking.

Thein said that at Team DUI's request, one of its members, Harriet Rogers – who also is the Konocti Unified School District's safety coordinator – contacted MADD about bringing the presentations to Lake County. Rogers was successful in obtaining 10 presentations – which normally require a fee – at no charge.

Presentations will take place at the following dates and times. Also included are the names of the Team DUI members who will introduce the programs.

Monday, May 19, 8:30 a.m.

East Lake Elementary School

East Highway 20, Clearlake Oaks

Team DUI: Michael Rupe, program director of Lake Family Resource Center's Tobacco Control Program.

Monday, May 19, 1 p.m.

Lower Lake Elementary School

9240 Lake St., Lower Lake

Team DUI: Harriet Rogers, safety coordinator Konocti Unified School District.

Tuesday, May 20, 8:30 a.m and 9:30 a.m.

Lower Lake High School

9430 Lake St., Lower Lake

Team DUI: Judy Thein, Clearlake City Council member

Tuesday, May 20, 10:30 a.m.

Carle Continuation High School

9345 Winchester St., Lower Lake

Team DUI: Judy Thein

Tuesday, May 20, 1 p.m.

Burns Valley Elementary School

3620 Pine St., Clearlake

Team DUI: Judy Thein

Wednesday, May 21, 8:30 a.m. and 9:30 a.m.

Oak Hill Middle School

South Center Drive, Clearlake

Team DUI: Harriet Rogers

Wednesday, May 21, 1 p.m.

Coyote Valley Elementary School

18950 Coyote Valley Road, Middletown

Team DUI: Harriet Rogers

Thursday, May 22, 9:30 a.m.

Riviera Elementary School

10505 Fairway Drive, Kelseyville

Team DUI: California Highway Patrol Officer Adam Garcia

Friday, May 23, 9:30 a.m. and 9:30 a.m.

Clear Lake High School

350 Lange St., Lakeport

Team DUI: Officer Adam Garcia

Friday, May 23, 1:30 p.m.

Terrace Middle School

250 Lange St., Lakeport

Team DUI: Crystal Martin, District Attorney's Office, Victim-Witness

Bringing MADD to Lake County is another in a series of achievements Team DUI has enjoyed this past year. The group has worked with the cities of Lakeport and Clearlake on underage drinking ordinances, visited nearly all area high schools and Juvenile Hall, and hosted a town hall in Lower Lake.

Team DUI has received awards this year for its efforts, including a Stars of Lake County Community Award in the best idea category.

Thein said the group also continues to grow as more agencies and individuals show interest in joining.

As children realize the negative impacts alcohol and drug use can have on their lives, a dialog has resulted between them and their parents, and even between young people and local law enforcement officials, said Thein.

“Because we do not judge them, but rather allow them to see for themselves that choices they make all have consequences, whether they are good or not so good, their lines of communication are opening in many areas,” she said. “That in itself is a major accomplishment.”

E-mail Elizabeth Larson at This email address is being protected from spambots. You need JavaScript enabled to view it..

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The council will hold a workshop at City Hall with city staff on the 2008-09 budget beginning at 4 p.m. The regular council meeting will begin at 6 p.m.

Redevelopment is proposing right-of-way improvements at 562 S. Main, and the council will consider proceeding with preliminary design engineering on the project, as well as granting a bid for the Third Street and City Hall parking lot improvements.

The council also is expected to direct staff to incorporate in the 2008-09 Redevelopment Agency budget a proposal for capitalization of the frontage and property improvement grant/loan program.

Two public hearings are planned during Tuesday's meeting. The hearings will be held for Ordinance 874, which would amending the city's Zoning Ordinance to limit the maximum number of guest bedrooms in a bed and breakfast inn to five; and a request for a use permit by Gregory Gill, who is seeking a use permit to allow the operation of a bed and breakfast inn without food service in a low density residential zoning district, at 2 16th St.

City Engineer Scott Harter will bring to the council a list of projects to be considered for funding under Proposition 1B.

The list includes street drainage and pedestrian improvements from Campbell Lane to Industrial Avenue on S. Main, estimated cost of $362,250, useful life of 20 years; double chip seal with a micro paving on six roads – Armstrong, 16th, Forest Avenue, Forbes Street, and Second and Third streets, at an estimated cost of $298,564.70 and a useful life of seven to 10 years; installation of pedestrian improvements on Martin Street from Estep to Forbes, local match of $80,000 with an estimated life of 20 years; replace faded, paint-based crosswalks with thermoplastic crosswalk markings throughout the city, estimated cost of $40,000 and useful life of five to seven years; match for Forbes Creek Trail improvements, including pedestrian and bicycle trail facility adjacent to Westside Park Road, $25,000 for an estimated life of 15 to 20 years.

As part of a lengthy list of consent agenda items – which usually don't require action and are accepted as a group – the council will receive a report on the Dutch Harbor property.

The property, one of the last pieces of undeveloped property along the lakeshore and next door to the Lakeport Unified School District's Natural High School property, is considered to have “significant development potential.”

According to a report from Redevelopment Manager Richard Knoll, the city's 2007-09 Business Plan includes an item regarding development of a concept plan “for a marina or other appropriate use” of the land.

In 2006, the city signed an agreement with developer Matt Boeger that gave him first right of refusal on the property. However, Knoll's report notes that Boeger has not submitted a plan for the land, although he has expressed “willingness to work with the city on a mutually beneficial approach for the property.”

Knoll's report stated that having the property developed would create positive tax benefits for both the city and the Redevelopment Agency, and the land will be included in a Waterfront Properties Improvement Plan the city is working on currently.

The report notes that a “positive and meaningful end result” for Dutch Harbor would include assembling it with adjoining land for a development.

However, despite this long-running goal of the city, in recent years the school district has been unwilling to sell or trade the city for Natural High, citing its value, as Lake County News has reported.

In other business, the council will present a proclamation for Motorcycle Awareness Week, and consider events applications for Fifield Enterprises LLC's grand opening evening using parts of Library Park and the City Hall parking lot on June 7, and the Kiwanis pancake breakfast on Sept. 19.

A closed session for negotiations regarding the Hotaling property and a performance evaluation for City Manager Jerry Gillham will be held after the council completes business in the open meeting.

Lakeport City Hall is located at 225 Park St.

E-mail Elizabeth Larson at This email address is being protected from spambots. You need JavaScript enabled to view it..

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On Tuesday the Board of Supervisors unanimously approved an ordinance for fee-based inspections for quagga and zebra mussels that will become effective July 1. The mussels were discovered in Southern California waterways last year.

Pam Francis, deputy director of Lake County's Water Resources Division, said five other counties – among them Santa Clara, Kings and Shasta – are waiting to see the final ordinance, written by County Counsel Anita Grant – because they intend to copy it.

So far, the unwelcome visitors haven't been spotted in Lake County, Francis told the board Tuesday. “At this time, Lake County does not appear to be contaminated with mussels.”

The county did have a scare, however, when a suspicious cluster of shellfish was found near Braito's Marina, said Francis.

The California Department of Food and Agriculture referred the shellfish to the Department of Fish and Game, which on Monday tested the mussels and found they were neither quaggas or zebras, Francis said.

“That was a huge relief to us all,” she added.

On March 25, the board set into motion its first phase of action against the mussel invasion, accepting an interim urgency ordinance for a free inspection program that rolled out on April 8, as Lake County News has reported.

Since then, 15,000 inspection stickers have been distributed, said Francis, which was accomplished through the outreach efforts of business partners and volunteers, as well as a task force that designed the program. Another 15,000 are expected to be distributed throughout the rest of the calendar year.

The ordinance approved Tuesday calls for inspections that will cost $10 for both visitors and residents, with proceeds supporting the county's inspection efforts, said Francis.

The county's invasive mussel task force determined that a tiered inspection fee structure was required, said Francis. The three layers of scrutiny begin with a screening application completed with the help of a qualified screener, who determines if the boat needs further inspection.

If it does, a certified inspector would be called in to go over the vessel. The cost of that inspection would depend on the resort or business conducting it, said Francis. The county has its own fee structure in the ordinance, which is based on size and length of vessel and if there is a bladder.

Should decontamination be required, vessels would be sent to one of four stations located around the lake's 105-mile perimeter, said Francis.

A half-hour of decontamination would cost between $40 and $70 – depending on location – and which would include an additional physical inspection once the boat was cleaned. Francis said state officials have estimated that only 1/100^th of a percent of boats would need decontamination.

Inspection stickers given to local boats wouldn't have an expiration date, but the boats would require reinspection if they left the county, said Francis.

Stickers for the visitor inspection program would be a different color and have an expiration date at the end of the year, said Francis, with the additional requirement that if the boats leave the county they must be reinspected upon their return.

The county sent out 27 letters to various tribes, businesses and organizations, seeking interest for hosting the decontamination stations. Francis said they received five responses back – from Le Trianon Resort in Blue Lakes, Hillside Honda in Lakeport, Robinson Rancheria in Nice, and Braito's and Konocti Vista in Kelseyville.

Francis said the task force needed guidance on how to proceed with relation to locating the stations.

Supervisor Anthony Farrington wanted to see the stations place at “choke points” around the county, to prevent boats skirting the process. “My perspective is, we're either all the way in or we're not.”

Like Farrington, Supervisor Denise Rushing was concerned that perimeter areas be monitored. “What's your level of confidence that we, by doing this, would have adequate enforcement activity going on?” she asked Supervisor Rob Brown, who sits on the task force.

Brown said he was confident in the measures being taken, nothing that “nothing is 100 percent.”

He added that he felt keeping the program as inexpensive as possible would encourage people not to skip the inspections.

Board Chair Ed Robey said he wanted to contact Sonoma County Water Agency and see if they'll contribute to the county's inspection program. He pointed out that Lake Pillsbury is a major water supply for Sonoma County.

The board unanimously voted to advance the ordinance to next week's meeting for a second reading. The issue of where to place the decontamination stations will go back to the task force for additional discussion. Farrington also will join the task force, with Brown taking the alternate spot.

Alexia Retallack of the California Department of Fish and Game said different authorities around the state are looking at restrictions to control the spread of the mussels.

“Everyone is watching Clear Lake very carefully because it is such a significant and important lake,” she said.

Fish and Game plans inspections

The same day as the board was discussing its new inspection ordinance, the Department of Fish and Game announced plans to conduct inspections on vehicles trailering watercraft north on Interstate 5 near Redding.

The mandatory inspections for quagga and zebra mussels will take place in the afternoon and evening of May 22 and May 23 at the California Highway Patrol Cottonwood Inspection Facility in Tehama County, the agency reported.

Retallack said Northern California is a major destination for visitors from all over California, especially on Memorial Day weekend.

“That point is a funnel point where we can do a lot of check son boats for the Northern California region,” she said.

The inspections also are meant to drive home the point that the mussels are a threat, she said.

The Fish and Game inspections will look similar to protocols adopted in Lake County. Game wardens will ask vessel owners questions about their watercraft, with clean vessels allowed to proceed back onto the interstate.

However, if boats are found to be suspect, they'll be inspected onsite by trained biologists using specially trained detection dogs, the agency reported. Vessels found to have not be cleaned, drained and dried also will be inspected and could be quarantined.

Fish and Game also will have detection dogs trained to sniff out the mussels at the checkpoint, said Retallack. The dogs, she added, have been effective in the inspection process.

On Friday, Lake Tahoe is launching its own inspection program, Retallack said.

Officials are pushing for people to clean, drain and dry their boats and check with their destinations to be sure of local restrictions, said Retallack. The more people know, the less likely it is the mussels will be spread.

Retallack said numerous agencies are working to protect the more than 4,100 lakes and reservoirs and 30,000 miles of rivers and streams throughout California.

“We're doing pretty good in terms of the scope of the project,” she said. “Can we do more? Always.”

E-mail Elizabeth Larson at This email address is being protected from spambots. You need JavaScript enabled to view it..

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Twenty years later on May 15, 1982, 125 people attended the first National Peace Officers Memorial Day Service in Washington, DC. It was a relatively small service that honored 91 fallen peace officers however since that year, more than 3,000 law enforcement officers have been honored at the annual service.

In October of 1984, President Ronald Reagan signed into law the legislation that allowed the National Law Enforcement Officers Memorial Fund to begin raising money for a national monument to honor the fallen peace officers of America.

The resulting National Law Enforcement Officers Memorial was dedicated by President George Bush in October of 1991 in Washington DC and today, that Memorial Wall carries the names of over 14,000 law enforcement officers killed in the line of duty.

Today, more than ever, there is a heightened awareness of National Police Week and the sacrifices of law enforcement officers, past and present, who, by their selfless and courageous commitment to safeguard lives and property and enforce the laws of our nation, have fought for the country’s internal freedom from the fear of violence and civil disorder so prominent in other nations.

In conjunction with this national observance, the Lake County Board of Supervisors has proclaimed May 15 as California Peace Officers Memorial Day and the week of May 11 through May 17, 2008, as National Police Week in Lake County.

This week, millions of blue ribbons will be flown from car antennas of law enforcement agencies across the nation to call attention to National Police Week and to commemorate the thousands of noble men and women who have sacrificed their lives in the line of duty, as well as honor those who live on to dedicate their lives to the preservation of public safety in this country.

We encourage all Lake County citizens to also “fly the blue” to show support for the men and women who preserve the peace and enforce the laws of the State of California, every hour of every day.

James Bauman is the public information officer for the Lake County Sheriff's Office.

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The nearly two-hour hearing on the riding academy and clubhouse John and Joanne Van Eck propose to build on their 76-acre property included testimony from both the Van Ecks' representative on the project as well as the neighbors appealing the Planning Commission's approval.

The complexities of the case and time constraints at the Tuesday board meeting ultimately resulted in the board continuing the matter to the afternoon of June 17.

Because he lives in the neighborhood and owns two lots adjacent to the Van Eck property, Supervisor Anthony Farrington recused himself from the discussion.

Planner Kevin Ingram told the board that the Van Ecks, who originally applied for a use permit in December 2006, wanted to do more special events – of 500 or more people – than just the three per year allowed under their current minor use.

The plan calls for a nine-stall commercial riding stable, an academy to serve up to 15 students and a 2,276-square foot clubhouse facility with a large commercial kitchen, as Lake County News has reported.

When they found they would need to seek a major use permit to upgrade, Ingram said the Van Ecks scaled back to stay at the three events per year, indicating they may want to pursue the major use permit later. Only the number of events changed in order to meet the minor use permit criteria, said Ingram, not the project size.

The Planning Commission approved the project on Feb. 28, including the proposed clubhouse, which Ingram said the Community Development Department had concerns about because they felt it needed a major use permit. On March 5, neighbor Jim Clement filed the appeal.

Ingram said the project has been controversial, but he added that a great effort has been made to come up with a project that is mutually beneficial.

Clement and another Steelhead Drive resident, Debbie Majestic, presented the board with a detailed PowerPoint presentation that looked at a broad range of concerns, including their belief that the project violates the minor use permit code and has unresolved environmental problems.

“The issue here is our perception that this permit is allowing a full-blown events center under the umbrella of agricultural use,” said Clement.

The property, he said, is located down a narrow, dead-end street in close proximity to Cole and Kelsey creeks. Twenty-seven acres of the Van Eck property is designated as a vernal pool by US Fish and Wildlife, and the native hitch fish come up through Cole Creek and spawn in the pasture when it's flooded.

The neighborhood also is prone to flooding, and Clement suggested too many buildings have been clustered toward the property's north end due to drainage concerns. That leaves little room for the animals – which Clement said have included an average of 20 cows and two horses.

The animals' close proximity to the creek also gave rise to questions about manure runoff into the creek; Clement cited a letter from Clear Lake State Park Superintendent Jay Sherman on that very issue.

The Van Ecks submitted a conservation plan in 2002 to deal with land use, air and water quality, which became mandatory under the minor use permit. Clement said since the plan was submitted the Van Ecks have split off some parcels and sold them, and he alleged that the plan hasn't been followed.

Clement said the neighbors didn't have a problem with agricultural use, but they questioned the need for the clubhouse. He said concerns aboue how the clubhouse fit with the minor use permit were raised by Community Development and Planning Commissioners Monica Rosenthal and Clelia Baur.

While the property can only host special events with 500 or more participants three times a year, Clement said they can now host an unlimited number of events with less than 500 visitors.

“The whole neighborhood, from beginning to end, is adversely affected by this project,” he said.

Clement asked the board to prevent the plan including the clubhouse, place limits on event frequency and the number of people who could attend, and require traffic to use two specific entrances to the property. He further asked them to explore how a hardship guest house for Joanne Van Eck's elderly mother was permitted as a farm labor unit.

Supervisor Rob Brown said if the conservation plan was part of the Planning Commission's decision to grant a minor use permit, then modifications to it should have been spelled out at the same time.

Supervisor Jeff Smith asked about the issue of special events. Community Development Director Rick Coel said his staff had proposed adding qualifiers limiting guest numbers at such events, although they didn't want to tread on peoples' right to have large parties at their homes.

“There's a lot of gray area in the zoning ordinance right now,” said Coel. “It's not as clearly defined as it needs to be.”

Former Community Development Director Mary Jane Fagalde, representing the Van Ecks' project, offered the board her own PowerPoint on the facility proposal.

The minor use permit was only required for the boarding stalls and riding academy, she said. The barn, arena and accessory agricultural buildings don't require a use permit.

The facility will provide therapeutic driving and riding facilities for disabled children at no charge, said Fagalde. The commercial kitchen, which is required by the Health Department for special events, will be used by students and clients of the Van Ecks' agricultural business.

The clubhouse, said Fagalde, “is typical of a premier equestrian facility,” with room to store carriages to protect them from damage.

Fagalde mentioned that the entrance to Clear Lake State Park's Visitor Center is 20 feet from the nearest house, and that draws thousands of visitors a year but hasn't had complaints from the neighborhood.

Supervisor Denise Rushing questioned Fagalde's comparison between the park and the Van Eck project. Rushing pointed out that they didn't have the data to show the usages were the same. Fagalde responded that she wasn't trying to say they were the same uses.

Fagalde said the carriage house is more than 200 feet from Cole Creek, five times the distance of the houses on Steelhead from Kelsey Creek.

The project exemplifies green construction, said Fagalde, with the arena brought from its former location in Middletown and set up to be powered by solar energy.

The Van Ecks also are in compliance with the conservation plan, and recently received an incentive payment for following the rules, said Fagalde. “They are in compliance. They've been in compliance since 2003.”

Rushing asked Coel if a premiere equestrian facility fit the strict definition of agriculture. “We don't have a definition of what that is in the zoning ordinance,” Coel responded. However, the project is considered agricultural, he added.

During public comment, representatives from Hospice Services of Lake County and People Services praised the Van Ecks for offering to create another place for special events – which also would be fully compliant with Americans with Disabilities Act rules – as well as their generosity at a time when state support for such groups is affected by budget cuts.

Steelhead Drive neighbor Glen Claypool put in a good word for the Van Ecks, saying their project has improved the neighborhood.

The board will meet at the Van Eck property at 1:30 p.m. Tuesday, June 17, for a site visit. They will then continue the public hearing at 2:30 p.m. in the board chambers at the courthouse.

E-mail Elizabeth Larson at This email address is being protected from spambots. You need JavaScript enabled to view it..

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