How to resolve AdBlock issue? Council to receive senior rent control initiative report; police chief POST certificate presentation planned
LAKEPORT, Calif. – This week the Lakeport City Council will see Lakeport's top cop receive one of the state's highest professional law enforcement certifications, with the council also set to discuss a report on options regarding a ballot initiative to place the city's senior mobile home parks under rent control.
The council meeting, which also is a joint meeting of the Lakeport Redevelopment Successor Agency and the City of Lakeport Municipal Sewer District, will begin at 6 p.m. Tuesday, Sept. 17, in the council chambers at Lakeport City Hall, 225 Park St.
During public presentations, Karen Lozito, senior law enforcement consultant with the Commission on Peace Officer Standards and Training (POST), will present the POST Executive Certificate to Lakeport Police Chief Brad Rasmussen.
The POST Executive Certificate, according to the organization's Web site, is awarded “to currently employed full-time peace officers of a POST-participating agency who possess an Advanced Certificate, have earned a minimum of sixty semester units at an accredited college, served for a period of two years as the department head and who have completed the Executive Development Course.”
Rasmussen became Lakeport's 24th police chief in June 2011.
In council business, interim City Attorney David Ruderman will present a report that the council had directed last month be prepared with regard to the senior mobile home rent control initiative that received enough signatures to go on the November 2014 ballot.
The initiative, if passed, would define senior parks as those where at least 80 percent of the homes have at least one person age 65 or older. In addition, it would roll back rents to those in place on Jan. 1, 2012, and require that rent increases be tied to rises in Social Security benefits.
A signature gathering effort for a similar initiative in the county jurisdiction currently is under way.
With the report now complete, the council can elect to place the initiative on the ballot or, potentially, could take action to block putting it before the city's residents, according to the written report submitted by Ruderman and Matthew T. Summers, assistant interim city attorney.
At the Aug. 20 council meeting park owners and their supporters indicated they may take legal action to block the initiative, which they argue is unconstitutional, a concern noted in the report from Ruderman and Summers.
“We conclude that the initiative is likely to be litigated if adopted and that a court will likely invalidate the initiative because it: (1) constitutes a regulatory taking; and (2) is preempted by state law. The City’s mobile home park owners have expressed an interest in litigating if the initiative is adopted,” the attorneys wrote.
Ruderman and Summers suggested the council has four options: adopt the initiative as an ordinance; place it on the next regularly-scheduled general election ballot in November 2014; seek declaratory and injunctive relief in court “on the basis that the initiative is plainly illegal,” under legal theory established in the 2008 court case, Widders v. Furchtenicht; or refuse to place the initiative on the ballot and defend the city’s refusal if the proponent brings a lawsuit seeking to force the city to enact the initiative or place it on the ballot.
“The Council must take one of these actions within 10 days of receipt of this report,” the attorneys reported. “Although we conclude the initiative suffers from several legal defects and is likely to be struck down if challenged, it is the City Council’s decision on how to proceed.”
Also on Tuesday, Finance Director Dan Buffalo will take to the council a resolution authorizing the execution and delivery of a loan agreement to refinance outstanding side fund obligations of the city to the California Public Employees’ Retirement System, and direct the filing of a judicial validation action.
In other news, Planning Services Manager Andrew Britton will take to the council an application from the mobile catering business Hey … Hot Dog!, which is seeking a time limit waiver in order to remain at one location beyond the recently established two-hour time limit.
On the consent agenda – items considered noncontroversial and usually accepted on one vote – are ordinances; the warrant register for Aug. 21 and Sept. 6; minutes of the Sept. 3 meeting; the August building permit reports; adoption of a revised conflict of interest policy for the city; approval of revisions to the agreement for services with City Manager Margaret Silveira, which city staff said contained clerical errors; and approval of the redevelopment successor agency recognized obligation payment schedule.
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091713 Lakeport City Council agenda packet
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Police recover stolen vehicle, arrest Arizona man wanted for armed robbery
LAKEPORT, Calif. – An Arizona man found in a stolen van has been taken into custody on a number of charges, including theft, drug possession and Florida warrants for armed robbery.
Jason Shane White, 42, of Phoenix was arrested late Monday night, according to Lt. Jason Ferguson of the Lakeport Police Department.
Ferguson said that at about 10:55 p.m. Monday Lakeport Police Officer Joe Eastham was on patrol when he observed a blue Dodge van suspiciously parked in the parking lot of a business in the 500 block of S. Main Street.
Officer Eastham conducted a check of the van and located White lying in the rear area of the van, Ferguson said.
When Eastham conducted a license plate check he discovered the vehicle was reported stolen out of Phoenix. Ferguson said Eastham detained White and continued with his investigation.
During his investigation, Eastham located an Altoid Mint canister which contained 30 individual one-quarter-inch square perforated papers printed with psychedelic designs which he believed were laced with LSD. Also located in the van was approximately 10 grams of marijuana, Ferguson said.
During his initial contact with White, Eastham was provided with the name Jason Melvin Jackson and after further investigation, it was determined that White was providing a false name, according to Ferguson.
After determining White’s true identity, Eastham conducted a warrants check and discovered White had two outstanding warrants for his arrest for armed robbery out of Panama City, Fla., Ferguson said.
Ferguson said the warrants were confirmed and White was arrested for possession of a stolen vehicle, possession of a controlled substance, providing false information to a peace officer and possession of less than an ounce of marijuana.
White was transported to the Hill Road Jail where it was discovered that he was in possession of several hypodermic syringes. Ferguson said White was additionally charged with possession of syringes and bringing contraband into a jail facility.
White was booked at the jail on a no bail hold, Ferguson said.
For further information contact the Lakeport Police Department at 707-263-5491.
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Police arrest Upper Lake man for breaking out store window
LAKEPORT, Calif. – An Upper Lake man suspected of breaking out a large window at a local business was arrested early Saturday.
Lance Edward McCloud, 22, was arrested shortly after the incident, according to Lakeport Police Chief Brad Rasmussen.
Officers Angie Bell and Jarvis Leishman were dispatched to Lakeport Furniture in the 300 block of S. Main St. at 2:45 a.m. Saturday to investigate the report of a “front glass break” alarm, Rasmussen said.
While en route to the store, the officers located McCloud a few blocks from the location, according to Rasmussen's report.
Rasmussen said McCloud had blood on his right forearm, elbow and shorts, and small pieces of glass on his shirt. He also was found to be intoxicated.
Bell and Leishman also recognized McCloud as being a person they had seen in the area of Lakeport Furniture prior to the alarm call, Rasmussen said.
McCloud was detained while officers responded to Lakeport Furniture, where they located the 6-foot by 8-foot north front window broken. Rasmussen said the business owner responded to secure the building and estimated the damage to be more than $4,000.
Lakeport Fire Protection District emergency personnel responded to the scene to examine McCloud’s injuries and found that they were minor and he did not require transport to the hospital, Rasmussen said.
Rasmussen said Bell and Leishman further questioned McCloud, who admitted to hitting the window and breaking it because he was angry.
McCloud was arrested for felony vandalism and misdemeanor public intoxication, and transported to the Lake County Correctional Facility where he was booked, Rasmussen said.
McCloud's bail was set at $15,000. Jail records indicated he later posted the required percentage of bail and was released.
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Police arrest two more suspects in connection to Clearlake homicide; guns found
CLEARLAKE, Calif. – Police have arrested two additional suspects in connection to a Sunday triple shooting that led to one man's death, bringing the total number of people in custody in the case to four, and also have located two weapons.
The shooting took place shortly before 1 p.m. Sunday at a residence located at 19th and Gardner avenues, as Lake County News has reported.
On Sunday, police arrested Joshua Robert Beavers, 24, and Orlando Esquivel Sr., 48, for the fatal shooting, and followed up on Monday by arresting Angel Aileen Esquivel, 50, and Brenden Alicea, 26, on allegations that they were accomplices, according to Sgt. Nick Bennett. All the suspects are from Clearlake.
In the Sunday incident police said three people were shot and one male subject died. The two other shooting victims – a man and a woman – sustained injuries that were not life-threatening. The woman was treated at released at St. Helena Hospital Clear Lake and the man was flown to Santa Rosa Memorial Hospital.
Bennett said the shooting appears to have been motivated by a fight at a Dam Road store earlier on Sunday between one of the shooting victims and one of the suspects. The suspects later allegedly drove to the 19th Avenue home and shot at a crowd of people that included children, hitting the three victims.
Bennett said early Monday afternoon that police were not yet releasing the victims' names.
Within a few hours of the shooting, police had surrounded a home on 21st Avenue and detained several suspects, among them Beavers and Orlando Esquivel Sr., who were arrested Sunday afternoon, as Lake County News has reported.
Beavers is being held on charges of murder, attempted murder, conspiracy to commit a crime, assault with a firearm, ex-felon in possession of a firearm and possession of ammunition by a prohibited person. His bail is set at $1 million.
Orlando Esquivel's booking sheet hadn't been posted by 2 p.m. Monday.
On Monday, Bennett said police arrested Alicea and Angel Esquivel. Both also had been detained at the 21st Avenue residence.
Bennett said investigators believe the two alleged accomplices tried to hide evidence of the crimes.
“As the investigation continued, their involvement became apparent,” Bennett said.
Angel Esquivel and Alicea are both charged with conspiracy to commit a crime, with bail set at $1 million each, according to their booking sheets.
Additional arrests could be forthcoming, Bennett said. “There may be other persons of interest we're looking for,” he added.
In other investigation developments, an overnight search by police led to the discovery of two weapons in the area of 16th and Boyles avenues, Bennett said.
The weapons, which Bennett said were hidden under some bushes, included a semiautomatic .22-caliber handgun that is believed to be the murder weapon, along with a .410 shotgun with a pistol grip that was present but not used.
Anyone with additional investigation is encouraged to contact Clearlake Police Det. Ryan Peterson at 707-994-8251, Extension 320.
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Police arrest suspect in Clearlake double stabbing
CLEARLAKE, Calif. – The suspect in an early Sunday morning double stabbing has been arrested, according to police.
John Shane Dalmolin, 42, of Clearlake, was taken into custody at about 12:30 a.m., shortly after the assaults, according to police.
Police said Dalmolin allegedly stabbed the two men during a fight then fled the scene.
At approximately 12:21 a.m. Clearlake Police officers received a report of a stabbing on the 15000 block of Grant Drive in Clearlake, according to Sgt. Nick Bennett.
Arriving officers located two victims, Robert Logue, 40, and Samuel Farnan, 19, who had both suffered stab wounds, Bennett said.
Both victims were transported to St. Helena Hospital Clear Lake. Bennett said Farnan subsequently was flown to Santa Rosa Memorial Hospital for further treatment.
Clearlake detectives were called to the scene to take over the investigation. While detectives were interviewing witnesses at the crime scene, Bennett said Officer Chris Reagan observed a vehicle that matched the vehicle Dalmolin had fled in; the vehicle was crashed into a tree in the area.
While checking the area for the Dalmolin, Bennett said Reagan observed him in the passenger seat of a vehicle driving past him.
With the assistance of a Lake County Sheriff’s deputy, Officer Reagan stopped the vehicle and detained that person – identified as Dalmolin – for further investigation, Bennett said.
Investigation by detectives at the scene and Officer Reagan determined that Dalmolin had gone to the 15000 block of Grant Drive to check on his ex-girlfriend and became involved in an altercation with several subjects at that location, according to Bennett.
Dalmolin allegedly used a knife he was carrying to defend himself and stabbed the two victims then fled the scene, crashing his vehicle a few blocks away.
Dalmolin was booked into the Lake County Jail for felony assault with a deadly weapon, vehicle hit and run and an outstanding misdemeanor warrant. His bail was set at $25,000 and he remained in custody on Monday.
Anyone with additional information regarding this case is encouraged to contact Det. Ryan Peterson at 707-994-8251, Extension 320.
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