How to resolve AdBlock issue? Friday hearing set for case seeking to have senior mobile home park rent control initiatives set aside
LAKEPORT, Calif. – Representatives of the city of Lakeport and the county of Lake, and a group of mobile home park owners suing over two senior mobile home park rent control initiatives are scheduled to appear in court on Friday afternoon for the first hearing in the case.
The case, Smith et al. v. Chapman, et al., is set for 3 p.m. in Department 2 at the Lake County Courthouse in Lakeport.
In January, Kerry Smith, daughter of a county park owner, and the Lake County Mobilehome Park Owners Association filed for a writ of mandate and named both the city of Lakeport and the county of Lake, as Lake County News has reported.
Smith and the association argue that the two initiatives – one to go on the June ballot in the county and the second to appear on Lakeport's November municipal ballot – are unconstitutional.
Specifically, the plaintiffs cite violation of due process, an illegal taking and state preemption issues, and so are asking a judge to set the initiatives aside rather than place them before voters.
Lakeport's measure defines senior parks as those where at least 80 percent of the homes have at least one person age 65 or older; the county initiative defines a senior park as one where 80 percent of the homes in a senior park have at least one person over age 55.
The measures are identical in the requirement to roll back rents to Jan. 1, 2012, and require that rent increases be tied to rises in Social Security benefits.
The plaintiffs requested an expedited hearing schedule due to the fact that the county measure is set to be on the June ballot. Neither the city nor the county opposed the sped-up schedule.
The city of Lakeport's response states that City Clerk Janel Chapman has no authority to unilaterally withhold the challenged initiative from the ballot, and that Chapman, in her official capacity, has a ministerial duty to place it before voters after being directed to do so by the Lakeport City Council last September.
The county is taking a similar approach, according to County Counsel Anita Grant.
“We're saying exactly the same thing that the city said,” Grant told Lake County News.
The county's filing states that it's not Registrar of Voters Diane Fridley's function to determine whether a proposed initiative is within the powers of the electorate to adopt or if it will be valid if enacted.
“At this point, the registrar of voters has to move forward unless the court determines otherwise,” Grant explained.
She said Fridley is required by the state elections code to be completely objective. Fridley also can't drag her feet in taking the required action, as changing the timeframe can impact the outcome, Grant said.
“The election code is written that way to avoid shenanigans,” Grant said.
In December, the supervisors voted to place the initiative on the primary ballot.
The Board of Supervisors had two choices when the county initiative went before it – adopt the measure or place it before voters, Grant said. “The board had two choices, the registrar had none.”
Grant added, “This hasn’t been adopted by the voters so it isn’t yet county law,” so the county doesn't have a duty to defend the measure.
Nelson Strasser, who wrote the Lakeport initiative and is a member of the “Save Our Seniors” group that sponsored both measures, has been named a real party of interest in the case.
He told Lake County News that he submitted a letter to the court citing several cases and codes in support of the measures, and he plans to appear at the Friday hearing, at which point he hopes to address the court.
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Clearlake City Council to discuss sales tax, Lakeshore Drive plan
CLEARLAKE, Calif. – This week the Clearlake City Council will meet and consider whether to attempt to place another sales tax measure on the November ballot and discuss a resolution to accept the plan for improving the Lakeshore Drive corridor.
The meeting will begin at 6 p.m. Thursday, March 13, in the council chambers at Clearlake City Hall, 14050 Olympic Drive.
At its Feb. 27 meeting the council voted 3-2 to pursue a 1-percent sales tax on the June 3 ballot, as Lake County News has reported.
However, during a special March 6 meeting, City Manager Joan Phillipe informed the council that the city's legal counsel said a general tax can only be placed before voters in an election consolidated with the election of council members.
At that time, the council directed staff to bring the matter back for further discussion this week.
On Thursday the council will consider options which Phillipe said include planning to place a tax measure on the November ballot, forgoing a sales tax altogether or not pursuing it this year but aiming for 2015.
It was suggested to the council at the Feb. 27 and March 6 meetings that the council should hold a town hall meeting to get community input on the options, according to Phillipe's report.
“This is something for the council to consider and may want to do so before making a decision on the direction it desires to take,” Phillipe wrote in her report.
Also on Thursday, the council will receive a presentation on the final version of the Lakeshore Drive Downtown Corridor Plan.
At that time, the council will consider adopting a resolution approving the plan, the development of which began with a series of community meetings in late 2012, as Lake County News has reported.
Phillipe's report to the council notes that acceptance of the plan does not commit the city to constructing any of the projects identified in it.
“It simply acknowledges the completion of an important step in the City's ongoing effort to develop appropriate and effective safety and circulation improvements, and to stimulate healthy revitalization of the corridor,” Phillipe said in the report.
Items on the consent agenda – considered to be noncontroversial and accepted as a slate with one vote – include warrant registers; minutes of the Feb. 12 council meeting; consideration of acceptance of property located at 14930 Valley Ave.; and a report on the League of California Cities dues for 2014.
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031314 Clearlake City Council - Sales tax discussion.pdf
031314 Clearlake City Council - Lakeshore Drive Downtown Corridor Plan
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ELECTION 2014: Anderson to be challenged in district attorney race, field for District 3 supervisor grows to nine
LAKE COUNTY, Calif. – The county's district attorney will have a challenger in this year's election and another candidate has joined the race to succeed District 3 Supervisor Denise Rushing.
That was the latest on Friday from the Lake County Registrar of Voters Office, which reported that, for offices in which the incumbent has already filed to run again, the deadline to submit nomination papers was Friday.
For offices in which the incumbent hasn't filed, there is an extension until March 12, election officials reported.
On Friday, attorney Andre Ross completed the necessary paperwork to run against District Attorney Don Anderson, the Registrar of Voters Office reported.
Election officials also reported that nine candidates are in the field for the District 3 supervisorial seat currently held by Rushing, who has decided not to seek a third term.
The candidates for District 3 include Craig Bach, John Brosnan, Jim Brown, Marvin Butler, Mark Currier, Nine Green, Herb Gura, Wilmer Lipscomb and Jim Steele, according to the Registrar of Voters Office.
Bach told Lake County News that he was planning to drop out of the race.
There were no changes in the makeup of the remaining races for county offices, with incumbent District 2 Supervisor Jeff Smith being challenged by two Clearlake City Council members, Joyce Overton and Jeri Spittler.
In the sheriff's race, Bob Chalk and Brian Martin are challenging incumbent Frank Rivero.
County Clerk-Auditor Cathy Saderlund and Treasurer-Tax Collector Barbara Ringen, both appointed incumbents, are running unopposed, according to election officials.
In other races for which the deadline is March 12 because of the incumbent not filing, Richard Ford, Sorhna Li Jordan and Logan Weiper are running to succeed Assessor-Recorder Doug Wacker, who indicated he will not seek reelection, as Lake County News has reported.
Brock Falkenberg so far is running unopposed to succeed Lake County Superintendent of Schools Wally Holbrook, who announced his retirement.
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City of Lakeport plans March 10 housing element workshop
LAKEPORT, Calif. – The city of Lakeport is in the process of updating its housing element and has scheduled a community workshop on Monday, March 10, to gather input on the future of housing in the city.
Those interested in the city’s housing issues are encouraged to attend this workshop, which will be held from 5:30 to 7:30 p.m. in the city council chambers at Lakeport City Hall, 225 Park St.
“The city encourages the public and interested parties to attend the community workshop. We hope that residents representing a broad spectrum of the community attend so we can understand their concerns and priorities,” said city Planning Services Manager Andrew Britton.
“The housing element is an important component of the city’s general plan and provides guidance and direction regarding housing issues,” Britton explained. “Community participation is important to ensure the housing element reflects the needs and desires of our residents.”
Below are questions and answers about the document and the process the city will follow to complete it.
What is a housing element?
It is a document designed to address the existing and projected housing needs for people of all incomes in the city.
What will the workshop be like?
The workshop is an opportunity for the public to provide input on housing issues that face the city, including the types of housing needed in Lakeport, where new housing should be located and what types of special housing needs exist within the city.
In addition, the city is seeking input on how to preserve and improve the quality of Lakeport's existing residential neighborhoods.
How will the input be used?
The input will be used to develop strategies, policies and programs that will guide residential development in the city.
Input also will help the city address problems that are specific to Lakeport.
What will this mean for the future?
More of the housing needs of city residents will be met through the implementation of the housing element policies.
For more information, contact Britton at 707-263-5613, Extension 28, or email
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Clearlake City Council won't pursue general sales tax measure in June election
CLEARLAKE, Calif. – The Clearlake City Council will not place a sales tax measure on the June ballot.
That was the conclusion at the end of a special Thursday afternoon meeting convened to discuss the sales tax measure proposal.
The council had intended to present a 1-percent general sales tax measure to the voters, with proceeds to be used for road improvements, code enforcement and animal control.
At its Feb. 27 meeting, the council had voted 3-2 – with Jeri Spittler and Joyce Overton voting no – to place the proposal on the June 3 primary ballot.
However, City Manager Joan Phillipe told the council during the special meeting Thursday that the initiative in ineligible for the June ballot.
Phillipe said that, upon further review, the city's legal counsel discovered that the measure does not meet the criteria for the upcoming primary election.
She said in order for a general tax to be posed to the voters, it must be consolidated with a regularly scheduled general election of the governing body of the local government, unless an emergency is declared.
Because there are not any council elections included on the June ballot, Phillipe said the measure cannot be placed as a general tax. Nor did she believe that an emergency exists that would justify its placement on the ballot in June.
The deadline to withdraw the initiative from the ballot is March 12; however, Phillipe said it is too late to pull notices paid to run in local news publications.
The council intends to discuss its options at its next regular meeting before providing staff with direction in how to proceed.
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