The Clearlake City Council postponed a second reading of an ordinance pertaining to the rezoning of the Provinsalia property during its regular meeting Thursday, March 12. The item was continued to the next regular meeting to be held at 6 p.m. on March 26.
The action was taken at the request of Vice Mayor Judy Thein in order to gain a written legal opinion pertaining to the conduct of previous public hearings held in on the subject.
The public has questioned whether or not the public hearing process has been conducted properly. Councilmember Joyce Overton reported that citizens have approached her in regard to the conduct of the first and second public hearing sessions held on Feb. 12 and 26.
“I would like to get a written legal opinion and if we were right we can proceed or if we were wrong we can right the wrong,” Thein said.
The public hearing on March 12 was closed following a suggestion by Councilmember Roy Simons who put forth a motion to close the public hearing “if” the person, who was approaching the podium at the time, was the last person wishing to speak. The public hearing was closed following the speaker”s comments.
The item was continued to the March 26 meeting, at which new information was presented. The Mayor Chuck Leonard reopened the public hearing for input pertaining to the new information and then closed the public hearing and brought the item back for discussion among the council.
Overton said that citizens conveyed to her that they were of the impression that they would permitted to speak to the entire topic at the second public hearing session.
A written legal opinion is being sought in order to clarify whether or not the council acted properly in conducting the public hearing process in regard to allowing adequate opportunity for public comment. Should the council receive advice that indicates misconduct, the public hearing proceedings will begin a new process. If misconduct is not present, the council may choose to proceed with the current process and conduct the second reading of Ordinance No. 2009-141 to rezone the Provinsalia property from resource protection to specific plan.
The Provinsalia Project proposes construction of 665 single family/multiple family dwellings in the area east of Dam Road. The project also includes the construction of a golf course, trail system, clubhouse and interpretive center. The project site is 292 acres and has approximately 1.4 acres of waterways, 45.8 acres of land over 30 percent slope, 2.8 acres of valley oak woodland, 18.5 acres of blue oak habitat, 9.2 acres of known cultural resource sites and 31.2 acres comprised of wetlands or Cache Creek. The net developable acreage is 183.1 acres.
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