Albert Bernal is a member of the Clearlake Planning Commission, but he says that he's speaking only as a concerned citizen in the memo to councilmembers dated April 20 that explores the Lake Glenn Subdivision.

Santa Cruz developer Robert Adelman went to the council April 12 to ask for the final map of the subdivision's second phase to be approved. That would allow him to move forward with building the next phase of 32 homes in an area along Rumsey Road.

The subdivision was first approved by the council in 1991. Neighbors who spoke at the April 12 meeting voiced concerns that the map had expired.

But City Administrator Dale Neiman suggested approving the map, citing a city staff error. The error was attributed to former Community Development Director Angela Basch, who sent a letter to Adelman in March of 2006 that appeared to give him the go-ahead for the project.

Bernal also spoke at the April 12 meeting, where he expressed the belief that the city would be setting a dangerous precedent in accepting the map.

Following the meeting, Bernal undertook what he called a “tedious but informative” review of all the available files on the subdivision, then summarized his findings in a five-page memo to the council.

In the memo, Bernal writes, “I make no judgment on the specifics of the project either pro or con as it would be inappropriate to do so.”

Responding to Bernal's memo, Neiman said this week that while he agrees with some parts of it, he disagrees with others.

Neiman, who said he hasn't done the same kind of file review that Bernal undertook, believes the city bears some responsibility in the matter. Ultimately, he said, the council needs to seek an equitable solution for both Adelman and the subdivision's current residents.

“There's problems on both sides,” he said.

In specific detail, Bernal's memo addresses each of the important points about the subdivision, beginning with Basch's letter.

Bernal said he doesn't interpret Basch's letter as saying that the subdivision's tentative map had not expired.

What the letter did say, Bernal said, was that conditions existed that had to be met before Adelman could proceed without further environmental review. Those conditions, Bernal said, required that the final map conform to the tentative map, there be no substantial changes to the project or the project site, and that the tentative map had not expired.

Bernal said the conditions laid out in Basch's letter were “consistent with state law and city ordinance.”

“It would seem reasonable that if the applicant misinterpreted this document, which is quite clear, he would have a very poor basis on which to base a lawsuit,” he wrote.

Bernal said Adelman's proposal for a final map fails all of the conditions laid out in Basch's letter; specifically, he points out that the map Adelman submitted as the final map is different from the original.

The point about Basch's letter is one area where Neiman said he disagrees with Bernal.

“There's absolutely no question the map expired,” Neiman said.

However, he added, “There's no question in my mind that staff concluded the approval was still valid.”

Neiman said it's also important to look at the actions that resulted from Basch's letter. While it can be interpreted in different ways, he said Basch also told City Engineer Bob Galusha that the project was approved.

Further, Adelman interpreted it as approval, moving forward with his plans and spending considerable time and money to do so, said Neiman.

“That's how we got to where we are,” Neiman said.

Bernal also suggests that the City Council is not the correct authority to consider the final map, citing city ordinances which state, “The Planning Commission shall have all the powers and duties with respect to tentative maps and final subdivision maps, and the procedure relative thereto, which are specified in law and in this chapter.”

Bernal writes, “By considering the Final Map the City Council is violating the City’s own ordinance. The correct role for the City Council as an appellate body. It has authority to hear appeals of Planning Commission decisions. By violating its own ordinance the City is putting itself in legal jeopardy if any citizen, or group of citizens, chose to take legal action. If any proceedings on the Final Map are to take place, notwithstanding the reasons that further proceedings should not take place, it should be with the Planning Commission.”

After reviewing the files, said Bernal, he concluded, “the process that the City has been following is illegal. Further, because of illegality of the proceedings to date, serious legal risk could be incurred unless the process changes. That legal risk could be from both the applicant and citizens.”

He continued, “In addition to the legal risks there is the risk of negative perception of the competence of our local government. It is my belief that the City cannot afford neither legal risk nor negative public perception.”

Bernal recommends the city notify Adelman that all proceedings are halted due to the violations of state law and city ordinances that have occurred since he initiated his request for a final map last year; notify him that he must submit a new tentative map; send the new tentative map through the staff and Planning Commission; and offer any assistance the city can legally offer to expedite the process of considering a new map in order to “mitigate any impacts of delay on the project.”

Finally, Bernal asks the city to remove the issue from the council agenda and remove the council from any decision making responsibility on the issue.

Neiman said his final report to the council has some minor changes, mostly points suggested by City Attorney Tom Gibson. But otherwise he said his recommendation will remain the same, that the council should approve the subdivision map because of the error by city staff.

“The bottom line is, this thing's an absolute mess,” Neiman said.

The item will be discussed at this evening's City Council meeting, which begins at 6 p.m. at City Hall, 14050 Olympic Drive.

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

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LAKE COUNTY – In the world of crime and punishment, many people focus on the people accused of crimes. Much less attention, however, is given to those whose lives are changed, and sometimes shattered, by the toll of crime.

This week – April 22-28 – is National Crime Victims' Rights Week.

Sam Laird, director of the Victim-Witness Division of the Lake County District Attorney’s Office, said it's a time for all Americans to learn about victimization, reflect on the cost of crime to our society, and promote laws, policies and programs to help victims of crime rebuild their lives.

The week’s theme, “Victims’ Rights: Every Victim, Every Time,” envisions a strengthened national commitment to the nearly 24 million Americans harmed by crime each year, Laird reported.

On Tuesday, the Board of Supervisors presented Laird and his staff with a proclamation recognizing this as Victims' Rights Week in Lake County, and commending them for their service to the county's crime victims.

Laird told the board that the current Victim-Witness team is the best the office has had in a decade, making creative use of their resources to serve local crime victims.

District Attorney Jon Hopkins also was on hand for the presentation.

Hopkins told the board that an important part of his office's mission to seek justice is accomplished through helping those who suffer from crime.

“We serve the victims,” said Hopkins.

The Victim-Witness Division, said Hopkins, serves an integral role in helping the District Attorney's Office achieve its mission, and he thanked Victim-Witness for the part they play.

During the past three decades, the United States has made dramatic progress in securing rights, protections and services for victims of crime, Laird reported. Every state has enacted victims’ rights laws, law enforcement agencies give victims greater protection and more than 10,000 victim assistance programs have been established throughout the country.

In addition, Laird said every state has a crime victim compensation fund, and powerful federal laws, such as the Violence Against Women Act and the Crime Victims’ Rights Act, to help protect victims and fund needed services.

Lake County's Victim-Witness Division has already helped approximately 800 new victims for fiscal year 2006-07, said Laird. Of those, 301 were assisted with applications for compensation. So far this year, the California Victim Compensation Program has paid out $186,282 to people affected by crime in Lake County, he added.

“None of that money comes from taxpayers,” said Laird. “The money derives from penalty assessment funds (fines defendant’s pay) and unclaimed restitution.”

Laird explained the application process. “If someone has incurred costs as a result of a criminal action and they do not have insurance, the Victim Compensation Program will cover medical/dental bills, funeral burial expenses, mental health counseling, relocation and home security improvements.”

However, not all victims take advantage of the programs. Laird said only a fraction of victims report the crimes against them and participate in the criminal justice system.

Victims’ rights vary from state to state, he said, with not all protections enforced. Services are sometimes not available, or they may not meet the physical, financial, and psychological needs of victims or their families.

Particularly vulnerable populations – the elderly, persons with disabilities, ethnic and racial minorities, or residents of rural areas – may not receive the support they need to rebuild their lives, said Laird.

Laird and his team are working to change that, Hopkins said.

“Our Victim-Witness Division helps all victims of crime, but also has specialized advocates to assist in cases of domestic violence, elder/dependent adult abuse and child abuse,” said Hopkins. “Our division is much more active and creative in the ways they assist victims than many other offices throughout the state.”

For more information about the Victim-Witness Division, please call 262-4282.

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 Lake Glenn Subdivision is considered one of Clearlake's best neighborhoods; however, residents are concerned about adjacent development and the condition of their streets. Photo by Elizabeth Larson.

CLEARLAKE – A proposed plan to begin work on the next phase of the Lake Glenn Subdivision has residents and neighbors concerned about city planning processes, home values and comparable development, which the developer said he's willing to address.

The topic has drawn an outpouring of concern from subdivision residents, many of whom attended April 12's Clearlake City Council meeting and convinced the council to postpone a decision until they've had further time to consider.

At issue is a proposal from developer Robert Adelman of Santa Cruz, who is asking the city to approve the subdivision's final map. That will allow him to move forward with building 32 new homes in the subdivision, which he said he purchased from Argonaut Construction in the fall of 2005.

The subdivision was first approved in 1991, with the first phase of construction beginning the following year, said City Administrator Dale Neiman.

In all of that time, however, a final subdivision map was never approved, and the tentative map should have expired in 1993, Neiman said.

It may have ended there. However, in March 2006, Angela Basch – then a senior planner for Clearlake who later served for a short time as its community development director – sent Adelman a letter that appeared to give him the go-ahead on the project, despite the fact that the map technically should have expired.

Neiman called the situation “a mess” and said he's never encountered anything quite like it before.

Considered one of the best residential areas of the city, the subdivision runs along Rumsey Road.

Much of the subdivision area is comprised of homes in a rural setting amidst older walnut orchards.

Janice Cooper, who along with husband Mark has lived in the area for more than 30 years, said most of the property in the area is zoned for an acre and a quarter, like her own parcel.

Adelman's second phase includes 32 homes on lots ranging in size from 6,500 to 10,000 square feet, said Neiman. Adelman had received approval from Basch to reduce the minimum house size to 1000 square feet, less than the area's 1400 square-foot minimum. A third phase, said Adelman, will add another 27 homes to the area.

Cooper's daughter, Jacqueline Snyder, lives next door to her parents with her husband, Martin. Both she and her mother say they realize development is coming to the area. However, they say it's been a constant battle to protect the area against what they called “spot zoning” and projects which the said would raise density levels in an unacceptable manner.

They also say the city hasn't sent notices to the neighbors about issues like this one; they only found out about the subdivision discussion a few days before the April 12 council meeting.

Mayor Judy Thein also lives in the subdivision, and to avoid a conflict of interest recused herself from the discussion April 12.

Subdivision residents at the council meeting voiced near unanimous concern that Adelman's plans for homes with a minimum size of 1,000 square feet would lower property values and detract from the neighborhood's overall appearance.

"What this basically involves with the neighbors is they would like to see comparable houses to what's out there," said Neiman at the meeting.

Tom Vallot, who has lived in the subdivision for 15 years, said he's concerned about the homes being comparable. “We don't want low-income housing. We've got enough of it. Look at Olympic. Look at Dam Road ... there's low-income housing coming out of our ears."

Vallot also broached the issue of the roads around the subdivision. The residents paid thousands of dollars to keep the streets in good condition, he said, but now they're falling apart. He also asked the city about who is responsible for the streets – the city or the subdivision residents?

Neiman, in a telephone interview this week, said he researched the situation and found out that in 1992 the council had said it wasn't accepting responsibility for the subdivision streets. However, although he's not sure when it happened, the city began repairing the streets since that time.

“It's pretty clear to me that the city's accepted responsibility (for the streets),” Neiman said.

Speaking on Adelman's behalf at the meeting, architect Wally Geer of Ventura-based Greymar Associates said his firm does a lot of "green" building. Geer, who also is representing Adelman on a project in Burns Valley, said Adelman originally could have put in 84 homes on 5,000 square foot lots.

Geer claimed the project would "kick start" higher home values in the area, and would be of even higher quality than the homes already there. He added that Adelman has spent a lot of time and money to get the project to this point, and has been willing to meet city staff demands.

Adelman was willing to raise the minimum home size and will repair any road issues that result from construction, said Geer.

Because Basch gave wrong advice, which led to Adelman spending considerable time and money on the project, Neiman said at the meeting that he believed the city needs to "live with" the decision, and approve the project.

The problem with that, Jacqueline Snyder told the council, is that they don't have to live with it; rather, she and other subdivision residents do. She urged the council to go out and look at the area before making a decision.

Snyder also suggested that Adelman might wait until the real estate market improves before proceeding with the project.

City Planning Commissioner Albert Bernal, who lives close to the subdivision, said he sees serious ramifications for the city if it approves what is essentially an expired map, despite the issue with Basch's approval.

"This is a precedent-setting action," Bernal said.

From now on, anyone buying projects with outdated maps could appeal to this project in trying to get approval for development, he said. "That's a big risk, and it could put the city in a bind."

Voting no on the map isn't denying the project, Bernal added; it's merely requiring Adelman to go through the approval process in the correct fashion.

Janice Cooper told the council, "The recurring theme you're hearing tonight is we would like 'like' housing out there."

The long-time subdivision resident noted the area has suffered from development thanks to large trucks tearing up the roads.

Cooper also encouraged the council not to set precedent. "Let's at least delay and meet with people and go out and look at the property."

Real estate broker Dave Hughes suggested that the council raise the minimum square footage to 1,400 square feet. He said the last home in the area to sell was in December. That 1,450 square foot home sold for $310,000, Hughes said.

He added that while the council may be concerned about action Adelman might take if the project isn't approved, they also need to ensure that the neighbors don't sue because of the process.

While Hughes said he thinks the project should move forward, he also sent a message from his wife, Georgia, who doesn't want to see the area developed at all.

"Just because someone wants to subdivide something doesn't mean we have to allow it," he quoted his wife as saying.

Geer told the council that Adelman was willing to raise the minimum home size to 1,400 square feet. In addition, he said they would work with city planning staff and go before the Planning Commission to discuss the homes' aesthetics.

Responding to Geer's proposals, Vallot said, “I'd love to see this property developed, I just don't want to see my home value go down.”

Geer and Adelman said this week that they spoke to about a dozen neighbors immediately after the meeting.

At the council meeting Geer had invited neighbors to meet with them, but he said the neighbors decided not to meet with them. “No one wanted to meet with me, but for what sounded like very positive reasons,” said Geer.

Cooper confirmed that neighbors don't plan on meeting with Geer.

“We've addressed all the staff issues and all the neighbor issues,” Adelman said.

Adelman said he's been in developing for five years, and has previously worked as a volunteer with the Sierra Club to fight unreasonable development.

He said although there's no “legal basis” for the neighbors' requests, he's still willing to work with them.

“All of us were a little bit blindsided by some of the errors the previous staff had made,” he said.

Adelman said both he and Geer are involved with “green” development, and plan for the Lake Glenn Subdivision to have green elements to them, including solar. Adelman said they're willing to spend an extra 10 to 20 percent upfront to make the homes more sustainable.

“We actually concerned about the long-term ecological impact,” he said. “Our concerns are not just the bottom line.”

However, both of them said it's too early to be specific on just what the green features will be.

Vallot said this week that he'd like to see a traffic study done on the area before the project moves forward.

“To say that I'm against the project – absolutely not. But let's do it correctly,” he said.

The Lake Glenn Subdivision will be back before the council on April 26. Neiman said he expects to update his report and recommendations to the council for that meeting.

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

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LAKEPORT – The Board of Supervisors has agreed to consider in its upcoming budget hearings a funding request to support a building study for Hospice Services of Lake County.

Marlene Kurowski, executive director of Hospice Services of Lake County, asked the board Tuesday to consider an $80,000 request that will allow the organization to undertake initial planning, a functional space analysis and design phase for a new Hospice facility at the Sutter Lakeside campus.

Hospice provides medical services to people in the end-stages of life, as well as bereavement counseling for their families. Kurowski said Hospice served 230 families and counseled 513 bereaved clients – free of charge – in 2006.

Hospice's current space in its Main Street facility, which houses both its thriving thrift shop and administration offices, is “woefully inadequate,” said Kurowski.

The organization has looked at renting, said Kurowski, concluding it was cost prohibitive. “We feel it makes more sense to invest in our community and build,” she said.

Hospice is working with Sutter Lakeside, which has offered them a 50-year lease agreement for a building ranging in size from 16,000 to 32,000 square feet, said Kurowski. The lease price, which Kurowski said has not yet been determined, would be “below market price.”

Kurowski said Hospice wants to offer in the new building an intake facility which would have as many as seven beds for patients who cannot stay in their own homes.

Hospice is negotiating with a design company that specializes in designing hospice buildings, and Kurowski said she has visited similar facilities around the state. The next phase, she said, will include a conceptual design, which will create a floor plan and cost estimate.

The board asked how Hospice intends to fund the effort. Kurowski said they're working on several plans. She said she will speak with Congressman Mike Thompson, who assisted in getting the funds for the Napa hospice building. Thompson's wife, Kurowski added, is a former hospice nurse.

Cox also offered to share with Kurowski the county's experiences on building and design and give her pointers on saving money.

The board reached consensus that it will take the issue to the budget hearings planned this spring for the 2007-08 budget.

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

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NORTHSHORE – Illegal dumping isn't a new problem in Lake County, but it may require new thinking and new solutions in order to reduce it and, eventually, eliminate it.

That's the opinion of District 3 Supervisor Denise Rushing, who will give a presentation on the subject to fellow members of the Board of Supervisors today.

Rushing will be assisted in the presentation by Caroline Chavez, deputy director of the Public Services Department, who helps manage the county's landfills.

“We're defining the problem, talking about potential solutions and making recommendations for next steps,” Rushing said Monday.

Rushing said the problem can't be attributed to any one thing.

“If you really want to look at the root cause of what's going on, you need to look at our culture,” said Rushing.

She gave one example by describing the life of an appliance. After it begins to break down, it's passed down to someone who may not be able to afford to repair it or pay to have it taken to the landfill once it stops working. So that person may need to get rid of it might hire an illegal hauler to take it away, and that individual ends up dumping it in a local creek or rural area.

“There's a whole set of causes,” Rushing said. “Usually cost and convenience of disposal top the list.”

While there are numerous causes, Rushing said, “There's a whole set of potential solutions.”

Special cleanup days don't work as well, said Rushing, because they don't happen regularly. The trick, she said, is to prevent accumulation of trash.

Instead, a better solution might be ongoing drop-off opportunities at the landfill.

Long-term solutions need to be found, said Rushing, or illegal dumping – which is not just an environmental but a health issue – will continue.

In her report Rushing notes that Lucerne's Morrison Creek, which recently was cleaned up through a multi-agency and community-driven effort, had been cleaned up before.

Unless new approaches are found, she said, the creek – which enters Clear Lake near the inlet for the community's water system – likely will be the site of illegal dumping in the future.

Rushing's report to the board asks they consider the following:

– Assess the illegal dumping problems and adopt a broad plan to manage it.

– Consider requiring all landlords in the county's unincorporated areas to provide their tenants with weekly curbside garbage collection. This is an action which Rushing acknowledges “would represent a significant departure from past practice” but which she suggests can no longer be avoided. Such a measure, she believes, would significantly reduce the amount of household garbage being illegally dumped.

– Implement quarterly or semi-annual curbside residential pick up of appliances, furniture and other household junk. These materials, which frequently end up being dumped in the county's rural areas, can't be handled by regular curbside garbage service, Rushing said.

Her report also notes that Code Enforcement Manager Voris Brumfield is working with county Redevelopment Agency staff on a proposal to restrict access to some of the Northshore's “paper subdivision” areas, where illegal dumping is commonly seen.

Rushing will present a Power Point presentation detailing some of her suggestions about reducing illegal dumping beginning at 11 a.m.

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

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LAKE COUNTY – District Attorney Jon Hopkins is turning up the heat in the fight against bad checks with a three-part program designed to benefit everyone in the county.

Local merchants will have two opportunities this week to learn about the new Bad Check Program by attending presentations in Lakeport and Clearlake.

A representative of the new program will be available to answer questions, and pass out applications to participate in the new program, at 9 a.m. Wednesday, April 18 in the historic Courthouse Museum in downtown Lakeport; and at 9 a.m. Thursday, April 19 in the Clearlake City Council Chambers, 14050 Olympic Drive.

The new service gives merchants and other victims an effective, no-cost way to recover funds lost to bad checks. It also helps businesses avoid bad checks in the first place. Finally, it helps bad check offenders prevent future bad checks. Fewer bad checks mean a healthier economic climate.

“By the time a check reaches this program, it’s very likely a criminal offense,” said Hopkins. “That’s how the case is treated. Under California statutes the case could go directly to prosecution. But prosecuting every criminal bad check isn’t necessarily the best way to address the crime.”

Similar to other diversion programs, the Check Enforcement Program offers bad check writers the opportunity to avoid possible prosecution. To steer clear of a visit to the judge, bad check writers must fulfill the conditions of the programs.

The first condition on the list is to make full restitution to the victims as well as a service fee to cover the costs incurred as a result of the bad check. Check writers will also pay the fees required to administer the program. In this way, there is no cost to victims, the District Attorney’s Office or other taxpayers. Check writers pay the entire cost of this program.

The Check Enforcement Program deals with checks that were dishonored because of insufficient funds, closed account or no account. Check forgeries or counterfeit checks should be referred to the police immediately – there is no chance that these offenders would avoid prosecution.

“The solution fits the crime,” Hopkins explained. “Everybody gets what they’re seeking. Victims of bad checks universally just want their money and the Check Enforcement Program will return 100 percent of any check that’s recovered plus a victims’ service fee.”

The police, the District Attorney’s Office and the courts are relieved of having to investigate, prosecute and try a large number of bad check cases, Hopkins said. That lets them reassign precious resources to violent crimes or crimes that involve personal safety.

Hopkins also pointed out that the community as a whole benefits from fewer bad checks being passed.

He emphasized that bad checks, of any size, are a serious matter. “This is essentially a one-time offer for people passing bad checks and my office will definitely pursue bad check cases for possible prosecution,” Hopkins said. “I’m sure there will be some people who refuse to cooperate – just as I’m sure there will be cases that go to trial.”

Because, through the Check Enforcement Program, the offending check writer can clear up the matter and avoid possible prosecution – there is a strong incentive to cooperate with the District Attorney’s Office. That is what makes these programs successful, said Hopkins.

The Check Enforcement Program for Lake County is a twin of several successful programs that are working throughout the country. Plumas, San Benito, San Diego, Siskiyou and Sutter all have such a program and have seen excellent results. Nationally, the programs have returned several millions of dollars to merchants and other victims of bad checks crime – at no cost to anyone but the check writers who have passed bad checks.

The Check Enforcement Program will have “teeth” to go after those people who have passed bad checks with the intent of never making them good, but there is also a strong prevention component in the Check Enforcement Program.

For example, the program will provide merchants with free information and materials to help them avoid bad checks in the first place. The program guidelines detail exactly how to handle all checks – but especially bad checks – so the District Attorney can pursue them, should it come to that.

As a final requirement of the program, bad check writers must complete an educational course that teaches them how to manage their finances better. This will help them avoid future bad checks. Experience in other jurisdictions shows this prevention measure works well, significantly lowering the number of repeat offenders.

Hopkins said this is a positive step toward crime prevention. “Prevention is always preferable to prosecution,” he said.

Hopkins said he’s looking forward to making this a beneficial program for everyone in the county.

“Ultimately we all pay the cost of this crime because merchants are forced to raise prices to make up for the money that’s stolen through bad checks,” he explained. “With the Check Enforcement Program, businesses in Lake County that get involved will benefit directly and all of us will benefit indirectly from fewer bad checks.”

Getting involved is a simple process. Merchants or individuals who cannot attend the presentations can call toll-free, 866-531-7108 to receive information. There is also a Web site, www.hotchecks.net/Lake, where people can register and download forms.

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