Sunday, 29 September 2024

Brandon: Sierra Club lawsuit has nothing to do with Clearlake's financial situation

Commentary associated with recent Lake County News coverage of the proposed airport redevelopment project in the city of Clearlake indicates that many people may misunderstand both the Sierra Club's purpose in bringing legal action and also the extremely tenuous relation between this action and the city's fiscal straits.


The petition filed by the Sierra Club Lake Group has one purpose only: to compel the city to prepare an environmental impact report on the project. The legal necessity for doing this has been detailed in writing (twice) and in public hearings (twice), and also substantiated by expert testimony, but when the city chose to ignore this evidence, an appeal to the courts was the only recourse available to the club.


According to strict limitations governing such action this appeal had to be initiated within 30 days, meaning by March 26. It is however still very much within the city's power to avoid burdensome legal expenses, merely by revoking project approvals and doing the EIR according to the process mandated by state law. The Lake Group hopes that this sensible course of action will emerge from the compulsory reconciliation process that is expected to be scheduled soon.


For a more detailed discussion of club views on the project, please download the position paper at http://redwood.sierraclub.org/lake/Lowespositionpaper.pdf .


Whatever the city decides to do about the lawsuit, it has nothing to do with the municipality's possible bankruptcy, something that the city council has been discussing in open session since at least Feb. 11.


The Sierra Club didn't create Clearlake's depressing fiscal quagmire, nor are delays to the Lowe's project impeding a solution as has been asserted: the project would be unable to offer a near-term remedy even if the improbably rosy projections presented by the city manager proved accurate, since AT BEST it would take years for anticipated tax revenues to begin.


Legal action aside, the project would furthermore be delayed by the unavailability of sewer service until the very necessary system upgrades are complete, several years in the future at the very earliest.


As for the sewer, it’s hard to understand what the council had in mind in rescinding their partnership agreement with the county to provide a long-lasting fix to a system so faulty that raw sewage bubbles up around manhole covers.


Did they suppose that the upgrade will therefore have to be abandoned? If so do they accept the continuing pollution of city streets, local watercourses and Clear Lake, and the indefinite impediment to growth imposed by system undercapacity? Or did they assume that the county will move ahead anyway, as is the intention of LACOSAN and the Board of Supervisors?


Under that assumption, the council's action expressed its willingness to shift virtually the entire $5 million cost onto local ratepayers – who are also local voters who might be expected to voice their displeasure at the ballot box.


Clearlake residents and others concerned about what's going on at city hall would be well advised to convey their disapproval to the city council and city administrator. They can all be reached 707-994-8201.


Victoria Brandon lives in Lower Lake. She writes on behalf of the Sierra Club Lake Group.

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