CLEARLAKE, Calif. – The Clearlake City Council on Thursday night adopted an urgency ordinance putting in place a temporary moratorium on construction and major remodel projects on a portion of Lakeshore Drive.
The three-month moratorium – which could be extended for another three months if necessary – covers the area between Olympic Drive and Old Highway 53.
At the council’s June 27 meeting, City Manager Joan Phillipe presented idea of the moratorium and received direction to bring back a draft document, as Lake County News has reported.
Phillipe said at that time that the city had been challenged in reviewing projects and requiring design features compatible with the area because no design guidelines are in place for the city’s design districts.
Touching briefly on those points again on Thursday, Phillipe said that the Vision Task Force Report accepted in 2007 by the council had included such design guidelines, but the guidelines themselves were never implemented by the city.
She said the goal is to put in place guidelines that are as consistent as possible with the vision for the area that has emerged in the process to update the city’s general plan as well as the Lakeshore Drive Downtown Corridor Plan that’s still under way.
Council member Joyce Overton asked if color guidelines would be included, and Phillipe said yes.
Phillipe said that once all of the updated planning guidelines are in place, they may be sent back to the Clearlake Planning Commission for further review.
The only public comment came in the form of questions from city resident Estelle Creel, who asked how the temporary moratorium would affect the property at 14295 Lakeshore Drive that the city had purchased for a chamber visitor center. Phillipe said no renovation would be completed within that three-month period.
When Creel followed up to ask if the county – which had contributed $50,000 to the project – had put in place any timelines for using the money, Phillipe said no.
Overton moved to adopt the urgency ordinance, which was accepted 4-0. Councilman Joey Luiz was absent for the meeting.
The other main issue that had been up for consideration at the meeting – a discussion relating to the proposed marijuana cultivation ordinance that the council had failed to pass on its second reading last month – was continued to the next meeting at Phillipe’s request.
However, during public comment, the council heard from several community members who both supported allowing medical marijuana cultivation and those who didn’t.
Dr. Mark Cooper, who is a member of the Lake County Board of Education, raised concerns about the fact that the council previously had removed daycares from the school facilities that require a 600-foot distance from grows.
At the council’s last consideration of the matter in June, the majority of council members asked to add licensed daycares back to the school facilities list.
Cooper said he was responding to incorrect statements made by a council member that no education goes on at daycare centers, which he said isn’t true, adding that children from birth to age 5 are most vulnerable.
He said he and Lake County Superintendent of Schools Wally Holbrook had spoken about Clearlake’s proposed ordinance and how it would affect everyone in the entire county. Holbrook’s concerns also related to private schools that could be affected by the proximity to marijuana growing.
The city of Lakeport’s recently approved marijuana cultivation ordinance – which requires cultivation in outdoor accessory structures – is “180 degrees opposite of yours,” said Cooper, adding, “Their vision is not your vision.”
Lakeport came up with its own ordinance and didn’t copy the county’s, Cooper pointed out. “My request to you is, look at Lakeport, look what they did.”
He said he didn’t want an ordinance that would lead to a downturn in a community that already has problems.
Clearlake resident Richard Gilmore questioned why a person running a business out of their home would have more rights than he would – a reference to the daycare issue – and suggested private property rights should be limited as a result of the ordinance.
He said people should be allowed to grow the marijuana they need to meet their medical needs.
Another city resident, Dave Hughes, told the council, “We don’t need to allow it at all.”
He recounted a discussion he had with Overton, who said a neighbor’s marijuana grow had made it so that her grandson couldn’t sleep with the window open at night. “Why would you subject the rest of the community to that?” Hughes asked.
Hughes said even small grows can generate crime, referring to a homicide several years ago in which a man was shot to death when suspects came to his property to try to steal his marijuana.
There are many places to grow outside of the city, and Hughes also encouraged the council to look at Lakeport’s ordinance.
Lower Lake attorney Ron Green, speaking on behalf of the Emerald Unity Coalition, said there likely will be litigation against Lakeport over its ordinance, and that Clearlake shouldn’t model its ordinance on Lakeport.
He said Clearlake should remove the criminal penalties included in its ordinance and let code enforcement processes be used to handle complaints.
“You’re going to create new criminal offenses for violating a city ordinance,” he said, suggesting it was better to get rid of the plants.
He said daycare centers should not be included among protected school facilities.
Green went on to criticize City Attorney Malathy Subramanian – who was not present at the meeting – for comments attributed to her in Phillipe’s staff reports regarding interpretation of marijuana-related law.
He suggested that the law firm representing Clearlake – Best Best & Krieger – had assigned to the city a “rookie” attorney who had barely passed the bar.
“As as good attorney I recognize attorneys that are not good,” said Green.
Subramanian, who was admitted to the bar in 1999, has been the city’s attorney since January 2008, and is a Best Best & Krieger partner. She also serves as city attorney for Lafayette and Clayton.
In other news Thursday, the council heard a report on the Vet Connect program from Frank Parker of the United Veterans Council.
He explained that Vet Connect puts veterans in touch with important social and health services. Housing and transportation for vets in need are among the group’s biggest challenges, Parker said.
Email Elizabeth Larson at This email address is being protected from spambots. You need JavaScript enabled to view it. . Follow her on Twitter, @ERLarson, or Lake County News, @LakeCoNews.