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Lakeport City Council terminates longtime city attorney
LAKEPORT, Calif. – Following a closed session Tuesday evening, the Lakeport City Council emerged with news of a unanimous decision to terminate the employment of the longtime city attorney.
Mayor Tom Engstrom announced the decision regarding City Attorney Steve Brookes shortly after 7:30 p.m., following a roughly hour-long closed session.
When asked for a cause for the termination after the council adjourned, City Manager Margaret Silveira said no explanation would be given due to it being a personnel matter.
Brookes was present for the Tuesday night council meeting, sitting in the audience rather than at his usual spot beside Silveira.
He went into the closed session with the council but emerged and left City Hall about halfway through.
“I really can't comment,” Brookes said when reached by phone Tuesday evening.
The issues with his employment appeared to have arisen during recent weeks.
Last Tuesday the city council held a special afternoon meeting, the notice for which was not sent to the media – which city staff said was an oversight – but was posted on the city’s Web site and on the door of City Hall.
The agenda, citing Government Code Section 54957 (b), said the council was to discuss a matter involving “public employee discipline/dismissal/release,” the same language used on the council’s Tuesday night regular meeting agenda.
The minutes furnished for that special June 25 meeting said only that there was no report when the council emerged after a three and a half hour discussion.
Brookes, 56, a longtime Kelseyville resident, holds a bachelor's degree from the University of California, Santa Cruz, and received his law degree from Golden Gate University School of Law in San Francisco. He was admitted to the California State Bar in 1982.
He has served as the Lakeport city attorney for 30 years. His half-time work arrangement with the city has allowed him to maintain a private law practice based in downtown Lakeport.
Brookes – who has maintained rapport with numerous councils and city staff over the years – encountered difficult times following his arrest in February 2011 for driving under the influence of alcohol and hit and run with property damage.
He had crossed into oncoming traffic and hit a pickup truck in Kelseyville before leaving the scene. Two of the pickup’s occupants suffered minor injuries.
In July 2011 Brookes pleaded no contest to misdemeanor DUI with all other charges dismissed in a case handled by visiting retired Judge J. Michael Byrne, as local judges had recused themselves, according to court records.
Brookes was ordered to pay court costs and fines, and to attend a substance abuse education program, and additionally received three years' probation, according to the judgment.
The following year, in January 2012, he was given a public reproval by the State Bar in response to the case. The State Bar said a reproval is used when an attorney is found culpable of professional misconduct, but no period of suspension is imposed.
In the State Bar case, it was alleged that Brookes was guilty of dishonesty for telling a California Highway Patrol officer after the crash that there was no damage to the pickup, that he and the pickup's female driver knew each other and he promised he would take care of the matter later because he had to get home.
The other State Bar allegation against Brookes was “harm” due to two of the pickup's occupants suffering minor injuries in the crash.
However, because Brookes had no previous disciplinary record and showed remorse, the case was settled with the public reproval, with Brookes required to provide the State Bar with quarterly reports and to attend eight meetings per month of an abstinence-based support group.
Brookes was able to move past the case and continued on with his job with the city, and continued to be an important member of the administrative management team.
At its meeting last Dec. 4, the Lakeport City Council approved an updated contract for Brookes that was good through the end of this year, with an annual salary of $50,796 and a retirement package of 2.5 percent at age 55 under CalPERS.
The contract's terms state that if Brookes is terminated prior to Dec. 31, he is to be paid six months' compensation and accrued paid leave.
The contract also notes that if Brookes is terminated as the result of any of a number of acts – among them, malfeasance, dishonesty, moral turpitude, willful or corrupt misconduct, willfully causing damage to public property or wasting public supplies, acts or misconduct that bring scandal or disrepute to the city, insubordination or absence without leave – he won't receive the severance agreement.
Neither Brookes nor city officials would offer any details about whether he will receive severance as part of the termination.
Update: The story originally reported that the June 25 special meeting agenda was not posted on the city Web site. Lake County News searched the site but could not locate it, although city staff said Wednesday that it was posted there. The city acknowledged that the agenda was not sent to the media because of an oversight. The story has been updated to reflect that new information.
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Lakeport City Council gives final approval to mobile catering ordinance
LAKEPORT, Calif. – The Lakeport City Council gave a second and final vote of approval to an updated mobile catering ordinance at its Tuesday evening meeting.
The council held a public hearing for the second reading of the ordinance, the first reading of which was approved at the council's June 18 meeting.
The document explains that the city has had regulations limiting the “stopping for business time” for mobile catering units and mobile vendors since 1958.
City Planning Services Manager Andrew Britton told Lake County News that the city's original rules limited mobile vendors to 15 minutes at any given stop, which was increased to one hour in the 1990s.
More recently, vendor Joey DiDonato began selling hot dogs from his “Hey … Hot Dog!” cart downtown, parking longer than the city's longstanding one-hour time limit.
The city chose to update the rules to offer more flexibility to vendors like DiDonato but also to ensure that they were not intruding into the right of way, that equipment was kept in proper working order and that there were no freestanding equipment or signs.
The rules also seek to balance health and safety concerns, along with not granting an unfair business advantage to mobile caterers versus restaurants with established locations.
In 2012, the council asked city staff for information on how other communities regulate mobile food vendors.
A committee composed of two council members, city staff and interested community members was formed to look at updating the ordinance, meeting last September and November.
The group developed recommendations submitted to the council on Feb. 5, with the council voting to accept them and directing staff to prepare updated mobile catering regulations.
The new rules raise the time limit at a given location from one hour to two. There also is a new permitting process in which a vendor can apply to remain in a spot longer than two hours, but the vendor must be able to provide evidence of special circumstances that create a hardship in complying with the two-hour time limit.
While vendors meeting the two-hour time limit must be 60 feet from a brick and mortar restaurant, those seeking to have longer time at a location must be 120 feet away from an established restaurant, according to the ordinance rules.
There was no public comment on the ordinance other than DiDonato thanking the city for its efforts.
Mayor Tom Engstrom told DiDonato that he had heard a lot of favorable comments about him and his business.
Parlet moved to adopt the ordinance, with Council member Stacey Mattina seconding and the council voting 5-0.
Referring to the recent heat wave, Engstrom said to DiDonato after the vote, “It's pretty hard to stand out there to sell hot dogs.”
“I have the oven to keep me cool,” DiDonato replied.
In other news, the council voted to deny a request from Zumba instructor Melissa Maberry, who wanted to present classes in Library Park and the gazebo.
Maberry was not at the meeting due to a misunderstanding over when her item was to appear on the agenda, she said after the meeting.
There were concerns about music levels during the classes, but the council's main issue related to commercial use of the park, which hasn't previously been allowed.
Councilman Kenny Parlet suggested that if the council approved Maberry's request that they could expect hundreds of similar requests to use the park, and called it a serious can of worms.
Parlet said they needed to honor the needs of others who use the park, as well as those in nearby offices and businesses.
He said he thought the classes were better suited to a location other than the city's main park, and he moved to deny the request, which the council approved 5-0.
Also on Tuesday, the council met new city interns Anjanette Correia and Bryan Cochrane from the Mendocino College Cooperative Work Experience Education Program.
A planned presentation on lake weed abatement by Lake County Water Resources Director Scott De Leon was rescheduled to the next council meeting.
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Weed update, mobile catering ordinance on Lakeport City Council agenda
LAKEPORT, Calif. – The Lakeport City Council will hear an update on weed abatement efforts and hold a second reading of a mobile catering ordinance this week.
The council will meet beginning at 6 p.m. Tuesday, July 2, in the council chambers at Lakeport City Hall, 225 Park St.
Lake County Water Resources Director Scott De Leon will provide a report to the council on the county's lake weed abatement issues, including efforts along Library Park, where several week harvesters recently have been at work.
The main order of business Tuesday is a public hearing for the second reading of an ordinance to revise regulations pertaining to mobile catering businesses. The first reading was approved at the council's June 18 meeting.
The proposed ordinance would allow for a special permitting process in order for a business to remain at a location longer than two hours at a time, and would require vehicles be in good condition, not have freestanding equipment or signs, and that business equipment be kept clear of the public right-of-way.
In other business the council will consider a request from fitness instructor Melissa Maberry to utilize Library Park and the gazebo for Zumba classes, and will meet new Administrative Services intern Anjanette Correia and Finance Department intern Bryan Cochrane from the Mendocino College Cooperative Work Experience Education Program.
On the consent agenda, which includes items that are not considered controversial and which usually are accepted on one vote, are ordinances; minutes from the council's June 18 and June 25 meetings; warrants; Application 2013-013 for Lakeport Main Street Association Very Merry Main Street event; Application 2013-014 for Lake County Rodeo Association Annual Lake County Rodeo Parade; and a resolution authorizing a Used Oil Payment Program application and authorizing the city manager to execute any necessary documents.
The council also will meet in closed session to discuss an employee disciplinary action.
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Council supports pursuing temporary Lakeshore Drive building moratorium, approves budget
CLEARLAKE, Calif. – On Thursday night the Clearlake City Council gave consensus for pursuing a short-term construction moratorium on Lakeshore Drive in order to work on planning and design rules, and also approved the city's $10.7 million 2013-14 budget.
Mayor Jeri Spittler was absent from the Thursday meeting, which was led by Vice Mayor Denise Loustalot.
City Manager Joan Phillipe asked the council to consider a short-term moratorium on building and major remodeling on Lakeshore Drive between Olympic Drive and Old Highway 53, which will give her and city staff an opportunity to work on getting compatible planning requirements in place and a corridor plan adopted.
While the area has been studied and even was the focus of some of the Clearlake Vision Task Force's work, there are no design guidelines in place for the area, which prevents city staff and the planning commission from requiring design features compatible with the area, according to Phillipe.
At Thursday night's meeting, Phillipe said she was only asking for a moratorium for a short window of time.
“It could have an adverse economic impact” if it was long-term, she said.
While the Vision Task Force made recommendations on planning requirements for the area, they were never implemented, Phillipe explained, adding that she believed it was her obligation to bring forward to the council staff's difficulties in handling projects on that city corridor.
Recalling the Vision Task Force's work, county Supervisor Jeff Smith told the council, “It was amazing what we accomplished in really a short period of time.”
Smith said the Vision Task Force report “is a really good document.”
He asked if there were any major projects in the pipeline. Phillipe said there weren't big ones, mostly remodels. On one property they're getting questions about how it can be used, but Phillipe said by the time anything could happen at that site, updates to planning rules should be taken care of.
“I think the timing's perfect to do this,” said Smith, who anticipated seeing growth ahead.
Council member Joyce Overton said there are zoning issues along Lakeshore Drive, and suggested a short, three-month time frame.
Council member Gina Fortino Dickson said one of the biggest difficulties with moratoriums is the feeling of helplessness and having no say in the matter for people who are affected by it.
She said she didn't want to see anything implemented on Lakeshore Drive that was counter-intuitive to what the city was working toward. Instead of a moratorium, she suggested putting all projects through the planning commission.
Councilman Joey Luiz supported a moratorium of no longer than six months, and said he liked Overton's suggested three-month limit.
After receiving a series of emails from one property owner on Lakeshore Drive, “His concerns make me want to do this even more,” said Luiz.
Luiz appeared to be alluding to Ed Meyer, owner of the Wisedas Resort property, who this week exchanged a series of emails with Phillipe voicing his dissatisfaction over the proposed moratorium. He's now exploring projects for the property, where the main resort building – badly damaged by a February fire – recently was demolished.
Overton asked if the proposed moratorium Phillipe had in mind would include landscaping and painting.
“This would be for major remodels and new construction,” said Phillipe.
Loustalot said she believed the word “moratorium” itself frightens people. “It's very scary.”
However, she supported stepping back and reviewing city planning rules. “We have to do it right,” she said, adding that she wanted the shortest term possible.
Dickson was concerned about people wanting to pursue projects and being turned away by the city.
“We would never say, 'We have a moratorium, go away,'” said Phillipe, adding that staff would provide planning information as usual.
She added that if someone wanted to pursue new construction now, it would take much longer than three months.
Phillipe received consensus from the council to return next month with a draft moratorium document for consideration.
In other business, following two budget workshops earlier this month in which there were several hours of discussion and consideration, the council gave final approval to the new fiscal year's $10.7 million budget.
Council members lauded the document for being balanced, clear, well laid out and easy to read. They also indicated they were pleased with how easy the budgeting process had been under Phillipe's guidance. The council approved the budget 4-0.
The council also approved goals and objectives for the 2013-14 fiscal year and gave city staff direction to bring back a sales tax measure to consider for the ballot in an effort to fund improvements to city streets and code enforcement services.
Also on Thursday, the council awarded a contract for a long range property management for dissolving the Clearlake Redevelopment Agency, a process that is continuing; agreed to send a letter opposing SB7; and endorsed the legislative agenda of the League of California Cities Redwood Empire Division of the League of California Cities, the Public Agency Risk Sharing Authority of California, Area Planning Council, Local Agency Formation Commission and the Lake County Vector Control District.
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