How to resolve AdBlock issue? Lakeport City Council approves fee schedule for administrative citation appeals process
LAKEPORT, Calif. – During a brief Tuesday evening meeting, the Lakeport City Council approved a fee schedule to allow for appeals of an administrative citation process instituted earlier this year.
Administrative citations, approved under a February ordinance that established regulations for the process, allow for the city to pursue compliance in cases involving code enforcement and other situations involving municipal code violations, and also to hold individuals to the terms of project conditions agreements with the city.
The city also intends to use the process to ensure compliance with the medical marijuana cultivation ordinance the council passed in June. In that case, the process – meant to be complaint-driven – calls for noncomplying grows to be infractions that garner citations.
Planning Services Manager Andrew Britton presented to the council a fee schedule resolution proposing a $200 fee for appeal applications.
The total cost of the process for the city is estimated to be around $488 per case, which covers several hours of cumulative staff time as well as the costs for an independent hearing officer, according to Britton.
However, city staff didn't believe charging appeals applicants that much was fair, so instead suggested a $200 fee to recover “a substantial portion” of the costs, Britton said. The proposed fee schedule also included a cost of living increase.
Councilman Martin Scheel asked if the city would open itself up to potential litigation if someone couldn't pay the $200 fee.
“That gets to the due process requirements that we have to fulfill when we're doing this,” said interim City Attorney David Ruderman.
If someone can prove they are indigent, the city may have to provide a waiver, said Ruderman. But he said in relation to potential fines, $200 is not a large amount.
City resident Kim Beall asked if someone was fined, appealed and won, would they get their $200 appeal application fee back.
Mayor Tom Engstrom said it was a good question, and Ruderman replied there is a provision in the ordinance for recouping fees.
“It seems only fair,” said Engstrom. “If you're not guilty, you get your money back.”
And, Ruderman added, if the individual is found liable, the city can recoup its costs.
To date, Britton noted, “We have not issued a single administrative citation.”
He said the city continues to pursue code enforcement cases by contacting and working with people before it gets to the point of a citation.
“Our goal is to seek voluntary compliance,” Britton said.
Councilman Kenny Parlet said implementing the schedule for the appeals process shows the city is trying to do the right thing. He added that the $200 appeal application fee is “more than fair,” and complimented city staff for work on the schedule.
Council member Stacey Mattina moved to adopt the fee schedule resolution, with Scheel seconding. The vote was 5-0.
In other council action, the council honored the local AmeriCorps chapter for its efforts on “Make a Difference Day,” held Saturday, Oct. 26.
No one was present from AmeriCorps to accept the proclamation. However, Engstrom took the time to explain the group's efforts, which included removing graffiti and painting the bathrooms at the Fifth Street boat launch.
AmeriCorps also partnered with Lake County CAN! to collect food for local food pantries. Altogether they gathered more than 2,300 food items, Engstrom said.
The council also met in closed session to discuss litigation and labor negotiations. Staff was given direction but no formal action was taken, according to Engstrom's report.
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Clearlake Planning Commission to refine Lakeshore Drive design guidelines, consider use permit extension
CLEARLAKE, Calif. – This week the Clearlake Planning Commission will consider extending a use permit for a resort expansion and continue to refine design guidelines for the Lakeshore Drive corridor.
The commission will meet beginning at 6 p.m. Tuesday, Nov. 5, in the council chambers at Clearlake City Hall, 14050 Olympic Drive.
The meeting will include a public hearing on an application for a mitigated negative declaration and a use permit extension submitted by Samir Tuma of Kila Clearlake LLC Associates, which owns Clear Lake Cottages and Marina at 13885 Lakeshore Drive.
The use permit, which the commission approved in 2008, allows for the construction of 33 housing units and one storage unit, the report for the meeting explains.
Kila Clearlake LLC Associates, which acquired the property in 2010, sought a four-year extension of the project's rights that same year, but due to city staff turnover no action was taken, according to city documents.
In other business, the commissioners will review a draft ordinance setting forth design guidelines for the Lakeshore Drive Corridor Design District.
The commission is working on coming up with final recommendations for the corridor to send to the Clearlake City Council.
Last month, the council extended a temporary moratorium on construction projects and major remodels on Lakeside Drive between Olympic Drive and Old Highway 53 – a moratorium first implemented over the summer – while the design guidelines are worked out.
Also on Tuesday, the commission will consider Frank Metcalf's application for a variance to allow a reduction of the minimum width of a singlewide mobile home from the required 15 feet to 13 feet 6 inches on a polygon-shaped parcel at 15225 Highlands Ave.
The commission's members include Chairperson Alvaro Valencia, Vice Chairman Bill Perkins, and commissioners Al Bernal, Carl Webb and Cheryl Hutchinson.
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110513 Clear Lake Cottages and Marina use permit and MND
110513 Clearlake Planning Commission - Metcalf variance
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Supervisors to continue lake tax discussion, consider senior mobile home rent control initiative
LAKEPORT, Calif. – This week the Board of Supervisors will continue the work of fine-tuning a proposal for a lake sales tax, and consider whether to accept a senior mobile home park rent control initiative as a county ordinance or to place it on the ballot next summer.
The meeting will begin at 9 a.m. Tuesday, Nov. 5, in the board chambers on the first floor of the Lake County Courthouse, 255 N. Forbes St., Lakeport. It will be broadcast live on TV8.
At 10:30 a.m. the board and Water Resources staff will continue discussion of a proposed lake sales tax measure to provide funding for lake-related programs. The proposal was the basis for a public workshop the board held last month.
At 11:15 a.m., the board will consider a senior rent control county initiative petition that has received enough signatures to be placed on the June 2014 ballot.
The board will discuss accepting the initiative as an ordinance, placing it on next June's ballot or asking for a report from county department heads before making a decision.
In other business, at 10:15 a.m. the Lake County Comprehensive Economic Development Strategy will be up for discussion.
In an untimed item, the board will consider amending a county policy regarding extra help employees in order to comply with the Patient Protection and Affordable Care Act.
The full agenda follows.
TIMED ITEMS
9 a.m., A-1 to A-4: Approval of consent agenda, which includes items that are expected to be routine and noncontroversial, and will be acted upon by the board at one time without discussion; presentation of animals available for adoption at Lake County Animal Care and Control; consideration of items not appearing on the posted agenda, and contract change orders for current construction projects.
9:05 a.m.: Citizen's input. Any person may speak for three minutes about any subject of concern, provided that it is within the jurisdiction of the Board of Supervisors and is not already on the agenda. Prior to this time, speakers must fill out a slip giving name, address and subject (available in the clerk of the board’s office, first floor, courthouse).
9:10 a.m., A-5: (a) Presentation of proclamation designating the week of Nov. 3-9, 2013 as California Retired Teachers Week; and (b) presentation of proclamation designating the month of November 2013 as In-Home Supportive Services Caregiver Recognition Month.
9:15 a.m., A-6: Public hearing, consideration of proposed ordinance amending Chapter 2 of the Lake County Code Changing Library Hours.
9:45 a.m., A-7: Presentation of donation of Grebe interpretive panels to be displayed at five shoreline parks around Clear Lake.
10 a.m., A-8: Presentation of results of the 2013 Konocti Challenge.
10:15 a.m., A-9: Consideration of proposed Lake County Comprehensive Economic Development Strategy. Carried over from Oct. 22.
10:30 a.m., A-10: Workshop regarding a proposed lake sales tax measure to provide funding for lake-related programs. Continued from Oct. 22.
11:15 a.m., A-11: Consideration of proposed ordinance regarding senior rent control county initiative petition, as certified by the registrar of voters.
1:30 p.m., A-12: Assessment appeal hearings: Stephen Kapner - Application No. 380-2011 - 10215 East Highway 20, Clearlake Oaks, CA (APN 035-532-140-000); Bruce Fleming - Application No. 461-2011 - 10485 Twin Oaks Drive, Cobb, CA (APN 050-691-120-000); Philip Lovett - Application No. 256-2011 - 10634 Edgewater Drive, Kelseyville, CA (APN 009-004-270-000); Tim Yarbrough - Application No. 361-2011 - 12002 Spruce Grove Road, Lower Lake, CA (APN 049-290-070-000); Denny Abendroth - Application No. 354-2011 - 8591 Paradise Valley Boulevard, Lucerne, CA (APN 060-332-090-000); Burbank Investor Services - Application Nos. 258-2011 & 259-2011 - 15522 and 15498 Spruce Grove Road, Middletown, CA (APNs 013-060-360-000 & 013-014-020-000); Zelte Crawford - Application No. 429-2011 - 13961 Lakeshore Drive, Lakeport, CA (APN 039-131-100-000); Sharon Hebein-Shute and Jeffrey Shute - Application No. 384-2011 - 10650 Bottle Rock Road, Kelseyville, CA (APN 011-068-610-000); Richard Kuehn - Application No. 270-2011 - 14085 Walnut Way, Clearlake Oaks, CA (APN 351-111-150-000); Adrian Vance - Application No. 268-2011 - 1400 Ricca Court, Lakeport, CA (APN 015-007-340-000).
NONTIMED ITEMS
A-13: Supervisors’ weekly calendar, travel and reports.
A-14: Consideration of appointments to the Mental Health Board.
A-15: Consideration of amending policy regarding extra help to comply with the Patient Protection and Affordable Care Act.
A-16: Consideration of proposed ordinance establishing a fee schedule for and other drug services driving-under-the-influence programs (second reading).
A-17: (a) Consideration of request to approve purchase of three vehicles utilizing the state vehicle purchase contract: One 2014 Ford F-250 4x4 Crew Cab Pickup, and two 2014 Ford F150 Supercab Pickups to replace vehicles used by the Narcotics Task Force, Marine Patrol and Enforcement; and (b) consideration of request to authorize sheriff/assistant purchasing agent to issue purchase order, total amount of $82,095.66, to Downtown Ford. Continued from Sept. 17 and Oct. 22.
A-18: (a) Consideration of request to approve purchase of 10 vehicles utilizing the state vehicle purchase contract: Four 2014 Ford Sedan Police Interceptor AWD Base (unmarked vehicles) and six 2014 Ford Sedan Police Interceptor AWD Base for Enforcement; and (b) consideration of request to authorize sheriff/ assistant purchasing agent to issue purchase order, total amount of $229,529.88, to
Downtown Ford.
A-19: (a) Consideration of request to waive formal bidding process, determining no economic benefit to the county; (b) consideration of request to purchase 12 Special Weapons and Tactics team vests, and authorize the sheriff/assistant purchasing agent to issue a purchase order to LPS Tactical and Personal Security Supply for $51,345.60. Continued from Oct. 15 and 22.
A-20: (a) Consideration of treasurer-tax collector’s recommendation regarding minimum bid price for APN 004-029-330, 5880 Lakeshore Boulevard, Lakeport, and (b) consideration of request for board approval and direction of the tax collector to sell via internet, tax defaulted property which is subject to the power to sell in accordance with Chapter 7 of Part 6 of Division 1, of the California Revenue and Taxation Code.
A-21: (a) Consideration of request to approve mitigation fees ($2,000 per parcel paid by previous owner) to be applied as a credit by current owner for water service at Crystal Lake Estates subdivision; and (b) consideration of request to approve mitigation fees ($2,000 per parcel paid by previous owner) to be applied as a credit by current owner for sewer service at Crystal Lake Estates subdivision.
CLOSED SESSION
A-22: 1. Conference with labor negotiator: (a) county negotiators: A. Grant, L. Guintivano, S. Harry, M. Perry, A. Flora and C. Shaver; and (b) employee organization: Deputy District Attorney's Association, Lake County Deputy Sheriff's Association, Lake County Correctional Officers Association, Lake County Employees Association and Lake County Safety Employees Association.
A-22: 2. Conference with real property negotiator, (a) property located at: 3980 Gard St., Kelseyville (APN 024-081-01); (b) negotiating parties for county: Supervisor Rob Brown, Child Support Services Director Gail Woodworth, County Administrative Officer Matt Perry and Deputy County Administrative Officer Alan Flora; for seller, Kelseyville Unified School District representatives; (c) under negotiation, lease terms.
A-22: 3. Conference with legal counsel: Existing litigation pursuant to Gov. Code Sec. 54956.9(d)(1): California Public Utilities Commission (CPUC) (CalWater) Application 12-07-007.
A-22: 4. Conference with legal counsel: Existing Litigation pursuant to Gov. Code Sec. 54956.9(d)(1): Michael Fowler and Emily Ford v. County of Lake, et al., Case No. CV412464.
A-22: 5. Conference with legal counsel: Existing litigation pursuant to Gov. Code Sec. 54956.9(d)(1): Cocco v. Fetzer, et al.
CONSENT AGENDA
C-1: Approve minutes of the Board of Supervisors meeting held on Oct. 22, 2013.
C-2: (a) Adopt proclamation designating the week of Nov. 3-9, 2013, as California Retired Teachers Week; and (b) adopt proclamation designating the month of November 2013 as In-Home Supportive Services Caregiver Recognition Month.
C-3: Approve contract between the county of Lake and Groundwork Institute to conduct a comprehensive Neighborhood Housing Rehabilitation and Infrastructure Improvement Project, total amount of $51,025, and authorize the chair to sign.
C-4: Approve letter to Gov. Brown encouraging payment of payment in lieu of taxes funds owed to Lake County, and authorize the chair to sign.
C-5: Approve request for out-of-state travel for Deputy Director Linda Morris to tour the Recovery Opportunity Center in Phoenix, Arizona on Nov. 14, 2013 (travel costs to be paid by the Hospital Council of Northern Central California, travel to Sacramento Airport and per-diem meal allowance to be paid by department).
C-6: Adopt resolution appointing directors of certain special district boards in lieu of holding a General District Election on Nov. 5, 2013 (Adams Springs Water District, Buckingham Park Water District, Callayomi County Water District, Clearlake Oaks County Water District, Cobb Area County Water District, Konocti County Water District, Scotts Valley Water Conservation District, Upper Lake County Water District, Villa Blue Estates Water District, Kelseyville Fire Protection District, Lake County Fire Protection District, South Lake County Fire Protection District, Anderson Springs Community Services District and Butler-Keys Community Services District).
C-7: Authorize the Health Services director to sign any additional licenses, contracts, payment requests and amendments hereto (provided there is no fiscal impact greater than $10,000 over the agreement’s original total amount) for the purposes of system upgrade and maintenance of new software with Netsmart and Geneva.
C-8: Approve out-of-state travel for sign and painting maintenance supervisor Jim Stuckert and heavy equipment and fleet superintendent Don Hoberg to Orange City, Iowa, Nov. 5-6, 2013, to inspect the county-purchased road paint striping truck.
C-9: Approve permit to conduct aeronautical activities at Lampson Field Airport (Jack Olof), and authorize the chair to sign.
C-10: Adopt resolution authorizing the director, Public Works Department, to sign a notice of completion for work performed under agreement dated July 9, 2013 (Nice-Lucerne Cutoff Rehabilitation).
C-11: Adopt resolution authorizing the director, Public Works Department, to sign a notice of completion for work performed under agreement dated July 9, 2013 (Construction of rehabilitation on Lakeshore Boulevard).
C-12: Approve Amendment No. 3 to agreement between the county of Lake and MGI-Madeira Group International, for FY 2013-14 pre-employment background investigation services, amount not to exceed $15,000, and authorize the chair to sign.
C-13: Approve leave of absence request for Deputy Sheriff Kellie Joseph from Nov. 19, 2013, through Jan. 6, 2014, and authorize the chair to sign.
C-14: Adopt resolution authorizing cancellation of Kono Tayee, CSA No. 13, Capital Improvement Reserve Designation in the amount of $26,000 to provide funds for a 60,000 gallon bolted steel tank.
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Lakeport city manager and department heads conduct business outreach program
LAKEPORT, Calif. – This fall Lakeport City Manager Margaret Silveira and city department heads – including Administrative Services, Engineering, Finance, Public Works & Utilities, Planning, Economic Development and Lakeport Police – have been conducting a business outreach program within the community.
The program consists of the city manager and city management team members walking door-to-door in the business districts and contacting business owners or managers to solicit suggestions or concerns regarding issues that may affect them or their customers.
In addition, these visits provide an opportunity for business owners to provide input regarding how the city of Lakeport could assist them in their business operations or suggestions about what city departments can do to provide better services throughout our community.
City management team members conducted business outreach visits on Sept. 6, Oct. 4 and Nov. 1. So far, they have received tremendous support and feedback for the program.
Those contacted provided information related to various issues and concerns in the city. To date, the majority of the feedback and concerns have been related to public safety, economic issues, utilities and streets and traffic.
The city's departments are currently working to address concerns that have been presented. While some concerns and issues can be quickly addressed, others are much larger in scope and cost and may not be able to be immediately addressed.
Silveira and management team members will again be out conducting business outreach in selected areas of the city Friday, Dec. 13, and they look forward to meeting more business owners.
In addition to our door-to-door contacts, city officials want business owners and managers to know that they are free to contact the city manager or any city department head or their management to provide suggestions or discuss concerns at any time.
The city's businesses are one of its most valuable resources and officials want to assist them however they can. They also remind city residents that local businesses are the ones who continually donate funds and supplies to youth and community programs which make the community a better place. Please thank them for all their efforts by shopping local and continuing to support the community.
Silveira wants the community to know that the city's business and community outreach programs will continue to expand in the future.
Please contact us with concerns and suggestions at any time. They want to hear from you about how they can improve operations and communications throughout the city.
Silveira, city department heads and other city staff can be reached by finding contact information in the city's personnel directory at www.cityoflakeport.com/departments/contact.aspx .
The city maintains other detailed information and resources on its Web site at www.cityoflakeport.com , and also provide other community information and alerts on the Facebook pages for city of Lakeport, https://www.facebook.com/CityofLakeport , and Lakeport Police Department , https://www.facebook.com/pages/Lakeport-Police-Department/176101292414821 .
You also can follow Lakeport Police on Twitter at https://twitter.com/LakeportPolice , or the city of Lakeport at https://twitter.com/CityofLakeport .
Citizens also can sign up to receive public and traffic safety alerts for the city of Lakeport by setting up a text or email account at www.nixle.com .
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Lakeport City Council to discuss administrative citation appeals process
LAKEPORT, Calif. – Setting up a fee schedule to allow for appeals of the city's administrative citation process will be the main topic for the Lakeport City Council this week.
The council will meet in closed session at 5:30 p.m. Tuesday, Nov. 5, to discuss a number of potential cases of litigation and to hold a conference on labor negotiations with all employee units before the public portion of the meeting begins at 6 p.m. in the council chambers at Lakeport City Hall, 225 Park St.
Planning Services Manager Andrew Britton will take to the council a resolution to set a fee schedule for the administrative citation appeals process covered in an ordinance the council adopted in February.
The administrative citation process is meant to gain compliance for municipal code violations and address the failure to comply with terms of a project conditions agreement.
According to Britton's report, an analysis prepared by Finance Director Dan Buffalo concluded that the estimated cost to the city for an appeal will total approximately $488, based on the current personnel charge-out rates.
However, Britton said staff believes that imposing an appeal fee of $488 or more “is unreasonable and would unfairly discourage someone seeking relief from a fine associated with an administrative citation.”
Instead, the draft fee resolution suggests a $200 application fee “to cover a substantial portion of the City’s estimated costs,” said Britton, who added that the draft resolution also includes an annual cost of living adjustment.
Also on Tuesday, the council will present a certificate of appreciation to AmeriCorps-Lake County for the group's canned food drive and community service project for “Make a Difference Day,” which took place on Saturday, Oct. 26.
On the consent agenda – items considered noncontroversial and usually accepted on one vote – are ordinances; the warrant registers from Oct. 21 and Oct. 30; minutes of the Oct. 15 meeting; approval of an addendum to Application 2013-013 for the Very Merry Main Street event, sponsored by the Lakeport Main Street Association; and adoption of a resolution establishing the Westside Park Ad Hoc Subcommittee.
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110513 Lakeport City Council agenda packet
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