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Council hears from community about shopping center plan; no decision made

Written by Elizabeth Larson

Friday, 08 January 2010

CLEARLAKE – In a special meeting that stretched across nearly six hours Thursday evening, the Clearlake City Council and Clearlake Redevelopment Agency heard voluminous public testimony about the merits of a proposed regional shopping center on Highway 53, but council members took no action.

The plans for the former Pearce Airport property – proposed to include a Lowe's home improvement center and four more yet-to-be-determined commercial tenants, likely fast food restaurants – were explained and debated before more than 100 people who filled the council chambers to standing room only. Still more people spilled out into Clearlake City Hall's lobby.

At the beginning of the meeting, Mayor Judy Thein assured the community members that the meeting was going to be devoted to taking input on the proposed sale of 15 acres of the property to KK Raphel of Danville, which proposes to develop the site; the mitigated negative declaration, which is the environmental study completed so far; and the environmental review process.

“The council will be making no decisions tonight,” Thein said.

City Administrator Dale Neiman gave a detailed presentation on the project, and Mike Raphel, a principal of KK Raphel, also spoke before it was opened up to the public.

Approximately 43 people spoke to the council about the plan – some of them more than once – with 26 of those people expressing concerns about the plan or opposing it altogether; 13 people voicing support; and four others who didn't voice a clear opinion either way.

Those who spoke in favor of the project called attention to a need for jobs and more variety of goods, and pointed to the fact that the land was intended for that use all along.

“This is exactly what the property was purchased for and a use that fits the property,” said Dave Hughes, a local Realtor.

Many of those who opposed the project were concerned that many long-established local businesses were being left to languish along Lakeshore Drive while the city planned to spend as much as $7 million in redevelopment funds to assist KK Raphel with making the site buildable. The effect, they argued, would be to draw focus from the city's downtown area.

“I think it's terrible that the heart of our community is going to be neglected like that,” said businessman Jeri Spittler.

With midnight approaching – the council voted to extend the meeting past 10 p.m. – and most of the audience having left due to the late hour, several community members asked the council to extend the public comment on the mitigated negative declaration to the end of the month.

Vice Mayor Joyce Overton moved to do that, but the motion died for lack of a second.

Councilman Chuck Leonard then moved to close the public hearing, which Councilman Curt Giambruno seconded.

Herb Gura, a Clearlake Oaks resident and owner of a Clearlake business, asked the council to reconsider lengthening the written public comment period. “I just can't imagine why you would be in that much of a hurry to rush this through,” he said.

Overton also asked fellow council members not to close the public hearing but to continue it at the next meeting.

Sierra Club Lake Group Chair Victoria Brandon suggested that, “It's exceptionally unusual to have one public hearing on a project of this magnitude.”

She also urged the council to give additional public time for written comments, as she said it would help dispel a “cloud of suspicion” that had arisen over the project.

But officials said they had met the legal requirements.

“We have followed state law. We've been very clear about that,” said Thein.

The council voted 4-1 to close the public hearing, with Overton voting no.

Giambruno then moved to bring the matter back for a decision in another special meeting on Jan. 12, but Neiman said staff wouldn't be able to complete the process of writing responses to all those who commented on the plan by that point.

Instead, the council agreed to continue its discussion – with a view to making decisions – on the project during its next regularly scheduled meeting on Jan. 14.

Lake County News will publish a detailed report of the meeting this weekend.

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

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It was another frustrating night....
written by herb, January 08, 2010

...for the citizens of this town. The majority of the council appeared to have already made up their minds prior to all the input.
I felt sad for the owners of the the businesses that will be hurt or destroyed by this project.

"Decisions" were foredrawn
written by Tim, January 08, 2010

It was a very, well managed, orchestration. The council members and director have only shown interest in conventional development of this one site, at any cost, and now they are convinced the sky is following and any that aren't on board are just obstructionists. So they meet the very minimum legal standard of public participation, it is just for show - unless there is a legal obstacle the project will go forward without any further public input - and yet we don't even know, aside from Lowe's, what the project will consist of. All approvals will be at "staff level".

From the AP
written by herb, January 08, 2010

Lowe's employee breakroom signs against Employee Free Choice

After Lowe's Home Improvement settled last month (for nearly $30 million) a class action suit for requiring workers to work "off the clock," workers were greeted with the sign to the right in their workplace breakroom--a not-so-subtle reminder of the company's position on giving workers a voice on the job.

Employer intimidation continues to be a problem, and it's nothing new: according to a study by Cornell labor expert Kate Bronfenbrenner, 34 percent of the time workers try to form a union, their employers fire union supporters. Sixty three percent of the time companies interrogate workers, 54 percent of the time they threaten union supporters, and 47 percent of the time they threaten to cut workers' wages and benefits.

Lowe’s Sexual Harassment Lawsuit Settles for $1.72 Million
written by herb, January 08, 2010

RAMPANT SEX HARASSMENT COSTS LOWE’S $1.7 MILLION IN SETTLEMENT OF EEOC LAWSUIT
Lowe’s, the nation’s second-largest home improvement retailer, has agreed to pay $1.72 million in settlement to three Washington State employees in a sexual harassment lawsuit filed by the EEOC. Lowe's Home Improvement Warehouse Inc. must, per the court's consent decree, revise store policies on discrimination, harassment, and retaliation to affect all employees at the company's stores in Washington and Oregon and report regularly to the EEOC.

According to the EEOC sexual harassment lawsuit, Lowe's store managers since 2005 actively engaged in and encouraged sexual harassment of male and female employees and then retaliated against these victims when they made objected to this unlawful, and undignified, treatment.

More specifically, one female employee was sexually assaulted in her manager’s office after having been repeatedly propositioned in innuendos. Two heterosexual male employees, like the sexually assaulted female also in their 20s, were repeatedly called gay and subjected to graphic sexual references by department heads. When these two coworkers sought the help of the store manager, he told the two they shouldn’t spend so much time together. The EEOC’s sexual harassment lawsuit asserted that Lowe’s failed to take prompt or even remedial action to stop the sexual harassment, an assertion that had Lowe's seek the counsel of four separate law firms in an attempt to disprove.

My 2 cents
written by fandango1, January 08, 2010

My wife and I watched the proceedings on Channel 8 last night and were delighted by all the information that was presented. It appeared that most were upset that no money was being spent on the downtown area blight. We seldom come to Clearlake for anything but Wal-Mart once a month. Now that there is going to be a Lowe’s we we’ll have a reason to spend more time there and possibly have lunch. I would rather go to Lowe’s than Home Depot or Freidman’s just to keep the money in our County.
It seemed that those in the know, felt that the deal was a done thang. I doubt that Mendo Mill or 4 Corners will be affected much just as Mendo Mill didn't in Ukiah. I believe that Kelseyville Lumber will be in a bind just because they spent 9.5 million for the new store. We live on North Shore and it is a ½ hour to Ukiah and a ½ hour to Clearlake and 20 Min to Kelseyville Lumber, you guys better give me some competitive prices or different products that the big box carries. We would like to see the downtown area change like Healdsburg and Lakeport did. It would be nice to go to dinner then walk down the “sidewalk” (if one existed) and peruse the small shopps for goodies that Lowe’s/WallyWorld doesn’t carry.

Herb,
written by tom, January 08, 2010

Does Mendo Mill or 4 Corners have a union? Do they offer retirement plans or good comprehensive health insurance? Does the money spent at Mendo Mill "stay" in the community?(Mendo Mill is owned by a family in Mendocino County). Can you get everything you want at either store? (that's a laugh at 4 Corners.)

Real Issue
written by ckcoyote, January 08, 2010

I think when it comes down to it it is more about the redevelopment funds than Lowes. I think the developer should be responsible for the full cost and the redevelopment money should be spent downtown. Help 4 corners and Mendo to compete, create a shopping district downtown where people can walk on side walks and browse through shops. That would help offset the damage caused by both Walmart and Lowes. I have had a retail store in Ukiah where I competed with the bigger chains. The trick is to offer goods and services and atmosphere that can't be found at walmart. How about a co-op system where businesses get together and share orders to help defer freight and give them access to volume discounts? If I had access to a decent store front with sidewalks and the possibility of foot traffic I would re-open in Clearlake.

Welcome to Corporate World
written by solincobb, January 08, 2010

Local officials can’t see past their respective noses, some individuals dare to ask questions and might as well be talking to a wall. Most of the Council has made up their mind; they have short circuited the process to minimize input. The very fact that the meeting went on until interested parties just gave up and left is the proof-in-the-pudding.

Above, one writer said Lowes wouldn’t affect Mendo Mill, that’s absolutely preposterous, of course it will affect them, and in fact it will eventually shut them down. Four corners has been there a long time and do have the rental business, if they own the land they may make it. I’m not sure that Kelseyville Lumber wasn’t hoping that if a big box store came to LC that it might see the value in buying up an already developed centrally located Big Box Store that’s already built. Let’s face it if your willing to drive to Ukiah or Santa Rosa, you would certainly drive to Kelseyville (sorry Dave and Mary).

The point being this. What makes sense? The City Council is just not thinking ahead to who and what business is going to be able to afford to move into the surrounding Lowes development, have you thought of that. When Mendo-Mill folds up shop, what happens to a neighborhood already in need of redevelopment, have you thought of that.

All over the nation public funds and tax breaks have been given to business to "lure" them in. The end results (especially now) is that they become an even greater loss to the community in the end.

Showed there face , hope people see it
written by Mehari, January 08, 2010

I want to say thank you to Joyce Overton for going on the record of asking to hear more from the people who count. The residents of The City of Clearlake.
As to the rest of those people you have done a good job of saying to the people who make up your town. WE DON"T CARE what you want. In a very clear manner.
I am not a tree hugger . I do think that the city has operated in a very one sided way for several years.
While it mouths the words it wants tourism for the last 5 years at least. Most of what it has done has driven the things tourist want out.
The only way that Clearlake appears to want to make money is by building more suburbs be they commercial of residential. It has done nothing to draw people from outside to come see what we have to offer. Making a few people on the back streets of Clearlake clean there yard is not progress on that front at all.
The new shopping center will not bring money from anywhere out of the county.
The city has shown by how it looks. They have more developed town than they can handle as it is.
I grew up in a much poorer place than here. Greensboro Alabama and I can see that the people of Clearlake do not get there moneys worth in both how there City Counsel and its Police department response to its citizens needs and requests.

To torn...
written by herb, January 08, 2010

Did the city offer Mendo Mill or 4 corners 7 Million dollars of taxpayers' money to relocate or impove their sites?
Mendo asked the city before they expanded if they should move to the airport and were told no.
The profits made at Lowes will leave Clearlake in an armored car and go to their corporate HQ in North Carolina. They will not be reinvested here or spent here.

"Lured"businesses an invitation to abuse
written by there_it_is, January 08, 2010

Clearlake is a glutton for punishment. They scramble for the first crumbs by whoever offers them just like the people of Mayberry would always get all agaga with the "cityslickers' from Mt Pilot. Andy would always be right and the people would recognize how they almost debased themselves by getting too greedy too quickly and settling for the lowest common denominator in their haste and haze. Let's not rush for the bottom of the barrel. Kelseyville Lumber is wonderful and fully local, Mendo-mill is at least a SMALL chain from Mendocino County and just rebuilt a larger store. The big Box stores have VERY limited merchandise. Everyone would have the same cabinets and lights. The wages are low, they want to come here because they think they push people around including their employees. Consider HOW to spruce up and maximize 'downtown', create an attractive personality for it. One problem Clearlake has is the abundance of tweekers, sex offenders and parolees that create a cultural ambiance people are NOT desirous of being a part of or even around. Even the non criminals act like them.Lowes will just add to it.

taxes
written by there_it_is, January 08, 2010

unfortunately clearlake chose to separate itself because it had a lot of population and THOUGHT (per the people running it- hint, hint) that they would be better off keeping their money locally instead of the county coffers. What they FAILED to do is look at the actual tax base-VERY LITTLE. Too many on disability and other non-taxable incomes. they screwed themselves. The road repair is more than the whole city income for the year! SO Upper Lake and Lakeport and Kelseyville among others are doing much better not having to pay for Clearlake.

and herb....
written by there_it_is, January 08, 2010

the developers don't care WHERE the money goes when they take their portion and run out of town with it. One guy even said that was HIS plan after the contracts were signed and delivered-to get back out of this hick town!

Whaaaaat?
written by That Redneck, January 08, 2010

Gosh, elected officials who, by definition, work for the people, should have to sit on their butts and listen to every last opinion.

I think you over in Clearlake should remind those folks who works for whom and next time they want the job, maybe they should spread that $7 million around locally, not to real estate agents and companies in Danville.

Sure, Mendo Mill is not headquartered in Lake County but it's also not headquartered in North Carolina. At least it's still a family-owned business that is relatively local.

This is a challenge
written by Kaidan76, January 08, 2010

I will first admit I have only read a few comments and what I see are two points that repeat. One, that the city council doesn't care and two the negative court cases regarding Lowe's.
Regarding the city council not caring is simply away of saying, "you don't agree with me, therefore I don't like you." Your city council members are elected, you don't like what is going on, do something about it; write to them using facts in your argument or better yet YOU RUN! There is a sayin about the word assume, perhaps we need to remember it.
In regards to the court cases, specifically the ones that were mentioned, first of all it is illegal to make someone work off the clock. It is not the company of Lowes that would do this it is the managers, supervisors or who is in charge of that store and team. If you don't want a Lowes, then perhaps a suggestion of a different company that will offer similiarites that the citizens of clearlake are more likely to agree.
Whatever action is done, people of Lake County need to stop whining and complaining and not actually doing anything or thinking about more then just themeselves. It's 2010 and Lake County does need to progress to some degree. Give a reason for younger families in their 30's to want to stay here instead of giving reason for them to leave.

The lawsuit revealed....
written by herb, January 11, 2010

That is was policy and not just a local manager.

Corporations destroying local businesses is not a good definition of progress.
Working towards making local economy sustainable is.
Locally produced goods, food grown by local farmers and sold at local markets.
Fast food and Lowe's from North Carolina sucking the economy dry is not progress.
I agree...someone from Clearlake needs to run for that council 2 seats are up next election. We need to seat people with a clue in both of them.

Buying Local
written by Alee, January 12, 2010

Herb, you make a good point. But last time I checked (and living in a fixer-upper I check often), 4 Corners and Mendo both mostly offer the same retail products as Lowes. And most of those products are made in China. Lowe's just offers it at a better price.

The bottom line is, most of us can't afford to always shop locally. My family has made a committment to buy as much local food and produce as possible, and this costs us a pretty penny. How can you expect us to spend the rest of our hard-earned dollars on a widget from 4 Corners that costs 2-3 times as much as it would at Lowes? And yes, their profit doesn't get re-invested in Clearlake, but if I buy that widget here at a Lowe's as opposed to Santa Rosa, a % of my sales tax dollars will stay here instead of going to Santa Rosa.

There are good arguements on both sides of this issue, but one thing I think is for certain. ANY retail business hoping to survive in Clearlake had better make sure they are evaluating their business plan and figuring out ways to differentiate themselves from their competition. No retail store in Clearlake will ever be able to compete with the bix boxes when it comes to pricing. So find another niche. Mendo seems to have a good handle on knowledgeable customer service. 4 Corners not so much. And yet, they'll probably survive because of their rentals (again, a niche). Ckcoyote's comments above hit the nail on the head.

Finally, on the other side of the coin I *am* discouraged that Clearlake seems to be funding this development on behalf of Lowe's. This is the part of this equation that doesn't add up to me. That money SHOULD be invested in reinventing and supporting our local tourism and agriculture industries- and the services with which the big boxes can't compete.

...
written by Kaidan76, January 25, 2010

Corporations don't destroy local businesses. I have lived in plenty of small towns and can tell you that if the local merchants of this county want to increase their profits they need to take a look at what they are really saying to their customers. I will admit, I am one of the "younger" generations of this ara however it is very obvious to me that many owners of small businesses do not care about their customers. The difference between Lake County and small towns I have lived in throughout the country is this. First of all, many stores are rarely open consistently and closed on the weekends. Just this week I have walked in three different business where I was not greeted by an employee because they were too busy talking with a co-worker. I have heard about employees cancers, cars breaking down, troubled kids and more while trying to be a customer and the employee wasn't even talking to me, I was just trying to SUPPORT A LOCAL MERCHANT.
In addition, progress is going to happen. The one thing that is consistent is change. The way it is right now, you will have most of the residence dying off and very little population left because there is nothing keeping many here.
Competition is good for businesses including small ones. One way to improve a local business is by opening your doors on the weekend and after five. Most local businesses are open four days a week during the day. These business hours are catering to retired citizens and those on disability. The common link? LOW INCOME. Why not be open and cater to those who actually work?
Now, I have said it before and will say it again. Corporations with increase employement. Lastly, keeping employees over time without pay is NOT LEGAL and therefore NOT POLICY. You might want to check your sources. The only way this is remotely possible or legal is if the employees are salaried. Being a salaried employee is different than working for hourly wages. So, again, if you are going to complain make sure you are educated about what you are complaining about then perhaps you will see the light.

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