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Extracted from Consolidated Report

This investigation was originally published as part of a larger consolidated report containing multiple investigations. View the consolidated PDF for the complete document.

Lake County Grand Jury • 2015-2016

Lakeport City General Plan and Zoning Ordinances Have Been Inconsistent for 20 Years

Published: June 30, 2016 10 pages
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Findings and Recommendations 4 findings

F1 Page 70
Vector Control is important to the health and safety of all Lake County residents.
Related Recommendations (2)
R1
Page 70
The Vector Control Board of Trustees assume the role of leading Vector Control and the residents of the Esplanade neighborhood to communicate by or before the end of 2016 regarding a reasonable approach to their restructured operation at Esplanade which also reduces their impact on the neighborhood. (F1, F2, F3)
R2
Page 70
Lakeport Community Development Director take the leadership role to bring the Planning Commission, Vector Control, Lakeport City Council, and the residents of the Esplanade neighborhood into agreement over the General Plan and Zoning Ordinance changes and ensure The General Plan and the Zoning Ordinance are consistent by or before the end of Fiscal Year 2016-2017. (F1, F2, F3, F4) Request for Responses • Lakeport City Council (90 days) • Vector Control Board of Trustees (90 days) Bibliography 1. November 1996 - Memorandum of Understanding 2. November 1996 – City Planning Commission 3. December 1996 – Community Development Department Initial Study 4. January 1997, Memorandum from R. Knoll Community Development Director to Planning Commission 5. January 1997 - Minutes City of Lakeport Planning Commission 6. August 1997 - City of Lakeport to Vector Control , Right of Way Improvement Deferral Agreement 7. August 2002, Staff Report City Council 8. August 2002 - Agreement Transferring Lead Agency Status back to Vector Control 9. Jan 2003 – Letter from City of Lakeport to Del Lago [Esplanade] Homeowner’s Association 10. March 2003- Notice of 3 public hearings on April 9, 2003 11. April 2015 - Memorandum to M. Silveira City Manager from K. Ingram Community Development Director 12. Oct 15, 2014, Letter from resident , V. Schaffer to Andrew Britton re: parking 13. Oct. 28, 2014 , Letter from resident R. Bertsch to A. Britton, Community Development 14. November 2014 - Community Development Department Supplemental Memorandum to Staff Report 15. January 2015 – Soil Report by Pacific Agricultural Lab 16. Vector Control Minutes: Mar, Apr, Jun, August 2015 17. March 2015 – Vector Control Minutes 18. April 2015 – Lake Co News Article 19. June 2015 – Complaint to the CGJ re Lake County Vector Control 20. Planning, Zoning, and Development Laws – 2012 - Governor's Office of Planning and Research Web Sites Accessed 1. https://en.wikipedia.org/wiki/Methoprene 2. http://www.lifescript.com/health/center/kids_health/drugs/;pyre thrin_andPiperonyl_butoxide_topical.aspx?p=1 3. http:///npic.orst.edu/factsheets/ResGen.html 4. www.toxipedia.org/display/toxipedia/Piperonly&Butoxide 5. www.greenfacts.org/glossary/der/epacancer- classifications.htm#a3 6. www.epa.gov/pesticides/reregistration/REDS/piperonly_red.pdf 7. www.epa.state.il.us 8. https://www.opr.ca.gov/docs/PZD2012.pdf Neighbors Object to Vector Control’s Expansion Plans on Esplanade Street in Lakeport Summary The Vector Control Special District office and laboratory building are located on Esplanade Street in Lakeport. They serve a vital function for the county in the identification and control of vectors (disease-carrying insects). Vector Control has proposed expanding and modernizing their Esplanade Street operation, however, objections from neighbors and zoning irregularities have prevented this from happening. Responding to a 2015 citizen’s complaint the 2015-2016 Lake County Grand Jury (Grand Jury) found that some of the concerns of neighbors in the Esplanade vicinity have merit. Perhaps the most troubling aspect is that resolution of this conflict has been put off for the last decade with no resolution in sight. The timeline of events shows the importance of good long-range planning and good communication between all entities of Lake County (County). The Grand Jury found that errors have been made. However, resolution of this conflict to the mutual satisfaction of all is possible and in the best interest of the citizens of this county. Background The County Mosquito Abatement District was formed in 1947 in response to California’s Mosquito Abatement Act of 1915. The District’s stated purpose is to protect people from the health risks posed by mosquitoes. In 1990 the name was changed to the Lake County Mosquito and Vector Control District (Vector Control). The purpose of the district grew to provide all of the County with disease-carrying insect (vectors) control using chemical sprays and fish whose diet consists of mosquito larvae. Vector Control also identifies tick species and collects samples, since Lyme disease can be a serious problem from deer ticks. Recent discoveries of the West Nile and Zika viruses add to the number of diseases transmitted by mosquitoes and other insects. The identification and control of these vectors is an extremely important function for the health and safety of the County residents. Vector Control is governed by a Board of Trustees that establishes policies for the operation of the district. The board consists of five trustees: one appointed by the City of Clearlake, one appointed by the City of Lakeport, and three appointed by the County. Each trustee is appointed to serve a two–year or four- year term, at the discretion of the appointing authority. Since 2003 residents of the neighborhood community have objected to the presence of the facility on Esplanade Street. Neighborhood objections to Vector Control include allegations of incorrect zoning1, unsightly and dilapidated buildings, infringement on neighborhood parking, failure to advise neighbors of intended building expansion, lack of a federally mandated ADA compliant parking space, and dumping of toxic chemicals. The neighbors also complained about the violation of the 1997 agreement to remove the old building before continuing with plans for new construction. A neighborhood resident provided a copy of a soil analysis report from Pacific Agricultural Laboratory (Lab) in Portland Oregon of a sample they had submitted as proof of chemical dumping. Neighbors cited smoke issuing from some of Vector Control’s trucks as evidence of chemical air pollution. The neighbors have appeared before the Board of Trustees and at Lakeport City Council meetings to voice their concerns. In 2015 neighbors spoke out at a City Council Meeting at which the Vector Control building application was an agenda item. At that meeting, the strong objections of the neighbors resulted in the Lakeport City Council unanimously rejecting the Planning Commission’s approval of Vector Control’s application for a General Plan amendment and zoning change. This effectively blocked Vector Control’s rebuilding and expansion plans. A complaint received by the Grand Jury consisted of the objections noted above. In addition, the complainant suggested that the best solution was to move Vector Control from Esplanade Street entirely and adjust the zoning.
F2 Page 70
Vector Control could better fulfill its mission with a modern laboratory and updated equipment.
Related Recommendations (2)
R1
Page 70
The Vector Control Board of Trustees assume the role of leading Vector Control and the residents of the Esplanade neighborhood to communicate by or before the end of 2016 regarding a reasonable approach to their restructured operation at Esplanade which also reduces their impact on the neighborhood. (F1, F2, F3)
R2
Page 70
Lakeport Community Development Director take the leadership role to bring the Planning Commission, Vector Control, Lakeport City Council, and the residents of the Esplanade neighborhood into agreement over the General Plan and Zoning Ordinance changes and ensure The General Plan and the Zoning Ordinance are consistent by or before the end of Fiscal Year 2016-2017. (F1, F2, F3, F4) Request for Responses • Lakeport City Council (90 days) • Vector Control Board of Trustees (90 days) Bibliography 1. November 1996 - Memorandum of Understanding 2. November 1996 – City Planning Commission 3. December 1996 – Community Development Department Initial Study 4. January 1997, Memorandum from R. Knoll Community Development Director to Planning Commission 5. January 1997 - Minutes City of Lakeport Planning Commission 6. August 1997 - City of Lakeport to Vector Control , Right of Way Improvement Deferral Agreement 7. August 2002, Staff Report City Council 8. August 2002 - Agreement Transferring Lead Agency Status back to Vector Control 9. Jan 2003 – Letter from City of Lakeport to Del Lago [Esplanade] Homeowner’s Association 10. March 2003- Notice of 3 public hearings on April 9, 2003 11. April 2015 - Memorandum to M. Silveira City Manager from K. Ingram Community Development Director 12. Oct 15, 2014, Letter from resident , V. Schaffer to Andrew Britton re: parking 13. Oct. 28, 2014 , Letter from resident R. Bertsch to A. Britton, Community Development 14. November 2014 - Community Development Department Supplemental Memorandum to Staff Report 15. January 2015 – Soil Report by Pacific Agricultural Lab 16. Vector Control Minutes: Mar, Apr, Jun, August 2015 17. March 2015 – Vector Control Minutes 18. April 2015 – Lake Co News Article 19. June 2015 – Complaint to the CGJ re Lake County Vector Control 20. Planning, Zoning, and Development Laws – 2012 - Governor's Office of Planning and Research Web Sites Accessed 1. https://en.wikipedia.org/wiki/Methoprene 2. http://www.lifescript.com/health/center/kids_health/drugs/;pyre thrin_andPiperonyl_butoxide_topical.aspx?p=1 3. http:///npic.orst.edu/factsheets/ResGen.html 4. www.toxipedia.org/display/toxipedia/Piperonly&Butoxide 5. www.greenfacts.org/glossary/der/epacancer- classifications.htm#a3 6. www.epa.gov/pesticides/reregistration/REDS/piperonly_red.pdf 7. www.epa.state.il.us 8. https://www.opr.ca.gov/docs/PZD2012.pdf Neighbors Object to Vector Control’s Expansion Plans on Esplanade Street in Lakeport Summary The Vector Control Special District office and laboratory building are located on Esplanade Street in Lakeport. They serve a vital function for the county in the identification and control of vectors (disease-carrying insects). Vector Control has proposed expanding and modernizing their Esplanade Street operation, however, objections from neighbors and zoning irregularities have prevented this from happening. Responding to a 2015 citizen’s complaint the 2015-2016 Lake County Grand Jury (Grand Jury) found that some of the concerns of neighbors in the Esplanade vicinity have merit. Perhaps the most troubling aspect is that resolution of this conflict has been put off for the last decade with no resolution in sight. The timeline of events shows the importance of good long-range planning and good communication between all entities of Lake County (County). The Grand Jury found that errors have been made. However, resolution of this conflict to the mutual satisfaction of all is possible and in the best interest of the citizens of this county. Background The County Mosquito Abatement District was formed in 1947 in response to California’s Mosquito Abatement Act of 1915. The District’s stated purpose is to protect people from the health risks posed by mosquitoes. In 1990 the name was changed to the Lake County Mosquito and Vector Control District (Vector Control). The purpose of the district grew to provide all of the County with disease-carrying insect (vectors) control using chemical sprays and fish whose diet consists of mosquito larvae. Vector Control also identifies tick species and collects samples, since Lyme disease can be a serious problem from deer ticks. Recent discoveries of the West Nile and Zika viruses add to the number of diseases transmitted by mosquitoes and other insects. The identification and control of these vectors is an extremely important function for the health and safety of the County residents. Vector Control is governed by a Board of Trustees that establishes policies for the operation of the district. The board consists of five trustees: one appointed by the City of Clearlake, one appointed by the City of Lakeport, and three appointed by the County. Each trustee is appointed to serve a two–year or four- year term, at the discretion of the appointing authority. Since 2003 residents of the neighborhood community have objected to the presence of the facility on Esplanade Street. Neighborhood objections to Vector Control include allegations of incorrect zoning1, unsightly and dilapidated buildings, infringement on neighborhood parking, failure to advise neighbors of intended building expansion, lack of a federally mandated ADA compliant parking space, and dumping of toxic chemicals. The neighbors also complained about the violation of the 1997 agreement to remove the old building before continuing with plans for new construction. A neighborhood resident provided a copy of a soil analysis report from Pacific Agricultural Laboratory (Lab) in Portland Oregon of a sample they had submitted as proof of chemical dumping. Neighbors cited smoke issuing from some of Vector Control’s trucks as evidence of chemical air pollution. The neighbors have appeared before the Board of Trustees and at Lakeport City Council meetings to voice their concerns. In 2015 neighbors spoke out at a City Council Meeting at which the Vector Control building application was an agenda item. At that meeting, the strong objections of the neighbors resulted in the Lakeport City Council unanimously rejecting the Planning Commission’s approval of Vector Control’s application for a General Plan amendment and zoning change. This effectively blocked Vector Control’s rebuilding and expansion plans. A complaint received by the Grand Jury consisted of the objections noted above. In addition, the complainant suggested that the best solution was to move Vector Control from Esplanade Street entirely and adjust the zoning.
F3 Page 70
Vector Control cannot create a modern laboratory on their Esplanade property until the inconsistencies between the Lakeport General Plan and Zoning Ordinances are resolved.
Related Recommendations (2)
R1
Page 70
The Vector Control Board of Trustees assume the role of leading Vector Control and the residents of the Esplanade neighborhood to communicate by or before the end of 2016 regarding a reasonable approach to their restructured operation at Esplanade which also reduces their impact on the neighborhood. (F1, F2, F3)
R2
Page 70
Lakeport Community Development Director take the leadership role to bring the Planning Commission, Vector Control, Lakeport City Council, and the residents of the Esplanade neighborhood into agreement over the General Plan and Zoning Ordinance changes and ensure The General Plan and the Zoning Ordinance are consistent by or before the end of Fiscal Year 2016-2017. (F1, F2, F3, F4) Request for Responses • Lakeport City Council (90 days) • Vector Control Board of Trustees (90 days) Bibliography 1. November 1996 - Memorandum of Understanding 2. November 1996 – City Planning Commission 3. December 1996 – Community Development Department Initial Study 4. January 1997, Memorandum from R. Knoll Community Development Director to Planning Commission 5. January 1997 - Minutes City of Lakeport Planning Commission 6. August 1997 - City of Lakeport to Vector Control , Right of Way Improvement Deferral Agreement 7. August 2002, Staff Report City Council 8. August 2002 - Agreement Transferring Lead Agency Status back to Vector Control 9. Jan 2003 – Letter from City of Lakeport to Del Lago [Esplanade] Homeowner’s Association 10. March 2003- Notice of 3 public hearings on April 9, 2003 11. April 2015 - Memorandum to M. Silveira City Manager from K. Ingram Community Development Director 12. Oct 15, 2014, Letter from resident , V. Schaffer to Andrew Britton re: parking 13. Oct. 28, 2014 , Letter from resident R. Bertsch to A. Britton, Community Development 14. November 2014 - Community Development Department Supplemental Memorandum to Staff Report 15. January 2015 – Soil Report by Pacific Agricultural Lab 16. Vector Control Minutes: Mar, Apr, Jun, August 2015 17. March 2015 – Vector Control Minutes 18. April 2015 – Lake Co News Article 19. June 2015 – Complaint to the CGJ re Lake County Vector Control 20. Planning, Zoning, and Development Laws – 2012 - Governor's Office of Planning and Research Web Sites Accessed 1. https://en.wikipedia.org/wiki/Methoprene 2. http://www.lifescript.com/health/center/kids_health/drugs/;pyre thrin_andPiperonyl_butoxide_topical.aspx?p=1 3. http:///npic.orst.edu/factsheets/ResGen.html 4. www.toxipedia.org/display/toxipedia/Piperonly&Butoxide 5. www.greenfacts.org/glossary/der/epacancer- classifications.htm#a3 6. www.epa.gov/pesticides/reregistration/REDS/piperonly_red.pdf 7. www.epa.state.il.us 8. https://www.opr.ca.gov/docs/PZD2012.pdf Neighbors Object to Vector Control’s Expansion Plans on Esplanade Street in Lakeport Summary The Vector Control Special District office and laboratory building are located on Esplanade Street in Lakeport. They serve a vital function for the county in the identification and control of vectors (disease-carrying insects). Vector Control has proposed expanding and modernizing their Esplanade Street operation, however, objections from neighbors and zoning irregularities have prevented this from happening. Responding to a 2015 citizen’s complaint the 2015-2016 Lake County Grand Jury (Grand Jury) found that some of the concerns of neighbors in the Esplanade vicinity have merit. Perhaps the most troubling aspect is that resolution of this conflict has been put off for the last decade with no resolution in sight. The timeline of events shows the importance of good long-range planning and good communication between all entities of Lake County (County). The Grand Jury found that errors have been made. However, resolution of this conflict to the mutual satisfaction of all is possible and in the best interest of the citizens of this county. Background The County Mosquito Abatement District was formed in 1947 in response to California’s Mosquito Abatement Act of 1915. The District’s stated purpose is to protect people from the health risks posed by mosquitoes. In 1990 the name was changed to the Lake County Mosquito and Vector Control District (Vector Control). The purpose of the district grew to provide all of the County with disease-carrying insect (vectors) control using chemical sprays and fish whose diet consists of mosquito larvae. Vector Control also identifies tick species and collects samples, since Lyme disease can be a serious problem from deer ticks. Recent discoveries of the West Nile and Zika viruses add to the number of diseases transmitted by mosquitoes and other insects. The identification and control of these vectors is an extremely important function for the health and safety of the County residents. Vector Control is governed by a Board of Trustees that establishes policies for the operation of the district. The board consists of five trustees: one appointed by the City of Clearlake, one appointed by the City of Lakeport, and three appointed by the County. Each trustee is appointed to serve a two–year or four- year term, at the discretion of the appointing authority. Since 2003 residents of the neighborhood community have objected to the presence of the facility on Esplanade Street. Neighborhood objections to Vector Control include allegations of incorrect zoning1, unsightly and dilapidated buildings, infringement on neighborhood parking, failure to advise neighbors of intended building expansion, lack of a federally mandated ADA compliant parking space, and dumping of toxic chemicals. The neighbors also complained about the violation of the 1997 agreement to remove the old building before continuing with plans for new construction. A neighborhood resident provided a copy of a soil analysis report from Pacific Agricultural Laboratory (Lab) in Portland Oregon of a sample they had submitted as proof of chemical dumping. Neighbors cited smoke issuing from some of Vector Control’s trucks as evidence of chemical air pollution. The neighbors have appeared before the Board of Trustees and at Lakeport City Council meetings to voice their concerns. In 2015 neighbors spoke out at a City Council Meeting at which the Vector Control building application was an agenda item. At that meeting, the strong objections of the neighbors resulted in the Lakeport City Council unanimously rejecting the Planning Commission’s approval of Vector Control’s application for a General Plan amendment and zoning change. This effectively blocked Vector Control’s rebuilding and expansion plans. A complaint received by the Grand Jury consisted of the objections noted above. In addition, the complainant suggested that the best solution was to move Vector Control from Esplanade Street entirely and adjust the zoning.
F4 Page 70
The Lakeport General Plan and Zoning Ordinance are inconsistent with each other. This appears to differ with State Law.
Related Recommendations (1)
R2
Page 70
Lakeport Community Development Director take the leadership role to bring the Planning Commission, Vector Control, Lakeport City Council, and the residents of the Esplanade neighborhood into agreement over the General Plan and Zoning Ordinance changes and ensure The General Plan and the Zoning Ordinance are consistent by or before the end of Fiscal Year 2016-2017. (F1, F2, F3, F4) Request for Responses • Lakeport City Council (90 days) • Vector Control Board of Trustees (90 days) Bibliography 1. November 1996 - Memorandum of Understanding 2. November 1996 – City Planning Commission 3. December 1996 – Community Development Department Initial Study 4. January 1997, Memorandum from R. Knoll Community Development Director to Planning Commission 5. January 1997 - Minutes City of Lakeport Planning Commission 6. August 1997 - City of Lakeport to Vector Control , Right of Way Improvement Deferral Agreement 7. August 2002, Staff Report City Council 8. August 2002 - Agreement Transferring Lead Agency Status back to Vector Control 9. Jan 2003 – Letter from City of Lakeport to Del Lago [Esplanade] Homeowner’s Association 10. March 2003- Notice of 3 public hearings on April 9, 2003 11. April 2015 - Memorandum to M. Silveira City Manager from K. Ingram Community Development Director 12. Oct 15, 2014, Letter from resident , V. Schaffer to Andrew Britton re: parking 13. Oct. 28, 2014 , Letter from resident R. Bertsch to A. Britton, Community Development 14. November 2014 - Community Development Department Supplemental Memorandum to Staff Report 15. January 2015 – Soil Report by Pacific Agricultural Lab 16. Vector Control Minutes: Mar, Apr, Jun, August 2015 17. March 2015 – Vector Control Minutes 18. April 2015 – Lake Co News Article 19. June 2015 – Complaint to the CGJ re Lake County Vector Control 20. Planning, Zoning, and Development Laws – 2012 - Governor's Office of Planning and Research Web Sites Accessed 1. https://en.wikipedia.org/wiki/Methoprene 2. http://www.lifescript.com/health/center/kids_health/drugs/;pyre thrin_andPiperonyl_butoxide_topical.aspx?p=1 3. http:///npic.orst.edu/factsheets/ResGen.html 4. www.toxipedia.org/display/toxipedia/Piperonly&Butoxide 5. www.greenfacts.org/glossary/der/epacancer- classifications.htm#a3 6. www.epa.gov/pesticides/reregistration/REDS/piperonly_red.pdf 7. www.epa.state.il.us 8. https://www.opr.ca.gov/docs/PZD2012.pdf Neighbors Object to Vector Control’s Expansion Plans on Esplanade Street in Lakeport Summary The Vector Control Special District office and laboratory building are located on Esplanade Street in Lakeport. They serve a vital function for the county in the identification and control of vectors (disease-carrying insects). Vector Control has proposed expanding and modernizing their Esplanade Street operation, however, objections from neighbors and zoning irregularities have prevented this from happening. Responding to a 2015 citizen’s complaint the 2015-2016 Lake County Grand Jury (Grand Jury) found that some of the concerns of neighbors in the Esplanade vicinity have merit. Perhaps the most troubling aspect is that resolution of this conflict has been put off for the last decade with no resolution in sight. The timeline of events shows the importance of good long-range planning and good communication between all entities of Lake County (County). The Grand Jury found that errors have been made. However, resolution of this conflict to the mutual satisfaction of all is possible and in the best interest of the citizens of this county. Background The County Mosquito Abatement District was formed in 1947 in response to California’s Mosquito Abatement Act of 1915. The District’s stated purpose is to protect people from the health risks posed by mosquitoes. In 1990 the name was changed to the Lake County Mosquito and Vector Control District (Vector Control). The purpose of the district grew to provide all of the County with disease-carrying insect (vectors) control using chemical sprays and fish whose diet consists of mosquito larvae. Vector Control also identifies tick species and collects samples, since Lyme disease can be a serious problem from deer ticks. Recent discoveries of the West Nile and Zika viruses add to the number of diseases transmitted by mosquitoes and other insects. The identification and control of these vectors is an extremely important function for the health and safety of the County residents. Vector Control is governed by a Board of Trustees that establishes policies for the operation of the district. The board consists of five trustees: one appointed by the City of Clearlake, one appointed by the City of Lakeport, and three appointed by the County. Each trustee is appointed to serve a two–year or four- year term, at the discretion of the appointing authority. Since 2003 residents of the neighborhood community have objected to the presence of the facility on Esplanade Street. Neighborhood objections to Vector Control include allegations of incorrect zoning1, unsightly and dilapidated buildings, infringement on neighborhood parking, failure to advise neighbors of intended building expansion, lack of a federally mandated ADA compliant parking space, and dumping of toxic chemicals. The neighbors also complained about the violation of the 1997 agreement to remove the old building before continuing with plans for new construction. A neighborhood resident provided a copy of a soil analysis report from Pacific Agricultural Laboratory (Lab) in Portland Oregon of a sample they had submitted as proof of chemical dumping. Neighbors cited smoke issuing from some of Vector Control’s trucks as evidence of chemical air pollution. The neighbors have appeared before the Board of Trustees and at Lakeport City Council meetings to voice their concerns. In 2015 neighbors spoke out at a City Council Meeting at which the Vector Control building application was an agenda item. At that meeting, the strong objections of the neighbors resulted in the Lakeport City Council unanimously rejecting the Planning Commission’s approval of Vector Control’s application for a General Plan amendment and zoning change. This effectively blocked Vector Control’s rebuilding and expansion plans. A complaint received by the Grand Jury consisted of the objections noted above. In addition, the complainant suggested that the best solution was to move Vector Control from Esplanade Street entirely and adjust the zoning.