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- Written by: Elizabeth Larson
On March 28, City Manager Margaret Silveira, acting as the city’s director of emergency services, issued Executive Order 2020-01, which renders violations of orders issued by the Lake County Public Health officer or the governor of the state of California related to the COVID-19 emergency as violations of the Lakeport Municipal Code.
The executive order and the accompanying report can be seen in the agenda packet published below, pages 62 to 65.
Silveira told the council in its virtual Tuesday night meeting that the order gives the Lakeport Police Department the ability to issue administrative citations to anyone who violates such orders.
The city currently is working to enforce the countywide shelter in place order that’s been in effect since March 19 and was extended to May 3, as well as the governor’s statewide stay at home order, which also became effective March 19.
So far, Silveira said the police department has done a lot of education and sought voluntary compliance.
The council voted unanimously to ratify Silveira’s order.
The Lakeport Police Department reported on Tuesday that over the weekend its officers contacted 38 additional individuals related to the shelter in place order but issued no citations.
Last week, it issued its only citation to a woman found drinking wine in a courthouse parking lot. She was cited after repeatedly refusing to go home, as Lake County News has reported.
Lakeport Police Chief Brad Rasmussen said that only warnings have been issued since then.
Police said they also checked the security of 68 businesses, and conducted more than four hours of foot patrol and 1,251 miles of vehicle patrol.
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040720 Lakeport City Council Agenda Packet by LakeCoNews on Scribd
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LAKEPORT, Calif. – The Lake County Sheriff’s Office said a vehicle stop conducted by one of its deputies last week resulted in the arrests of two men on a variety of charges and warrants, including forgery and identity theft, as well as violation of the county’s shelter in place order for COVID-19.
At 7 p.m. Friday, a Lake County Sheriff’s deputy was traveling on Highway 29 near 11th Street in Lakeport when he saw a GMC Suburban that was being driven by Nicholas Michael Neuman, 40, of Glenhaven, Paulich said.
Paulich said the deputy knew that Neuman was on felony probation, and had felony and misdemeanor warrants for his arrest.
The deputy stopped Neuman on 11th Street near Central Park Avenue, contacted Neuman and placed him under arrest for his warrants, Paulich said.
The deputy also recognized a male passenger in the vehicle as Derek Wayne Stark, 31, of Lakeport. Paulich said Stark was on felony post release community supervision.
During a search of Stark, Paulich said an obvious altered business check made out to Stark was located on his person.
Paulich said the deputy searched a backpack that was found near where Stark had been sitting in the vehicle and located numerous checks, driver licenses and credit cards, none of which belonged to Stark.
Stark was placed under arrest for forgery, making fictitious checks, identity theft, failing to comply with shelter in place order, and violation of post release community supervision. Paulich said Stark was booked at the Lake County Jail where he remains on a no-bail hold.
Paulich said the deputy determined the vehicle Neuman was driving had a false registration tab.
He said Neuman was placed under arrest for his warrants as well as displaying false registration, failing to comply with shelter in place order and violation of probation.
Neuman was booked at the Lake County Jail where he also remains on a no-bail hold, Paulich said.
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Last week, among a number of measures meant to help address the economic fallout from COVID-19, Gov. Gavin Newsom signed an executive order to allow the California Department of Tax and Fee Administration to offer a 90-day extension for tax returns and tax payments for all businesses filing a return for less than $1 million in taxes.
As a result, small businesses will have until the end of July to file their first-quarter returns. The order also extends the statute of limitations to file a claim for refund by 60 days to accommodate tax and fee payers.
Then, on Thursday, Newsom said the state is allowing small businesses to defer payment of sales and use taxes of up to $50,000, for up to 12 months.
Sales and use taxes are key sources of revenue for local governments.
At Thursday night’s Clearlake City Council meeting, City Manager Alan Flora reported the governor’s actions on sales and use tax to the council, explaining that he had just gotten word about it.
Flora called it “pretty shocking”
Although it may be helpful for businesses now, “It’s going to be a big problem for folks when it has to be paid,” Flora said.
Likewise, Flora said it will be an “enormous burden” for local jurisdictions like the city.
“I don’t know what to say other than that. It’s something that’s very surprising to see,” said Flora.
Flora said the deferral has him worried, explaining that the city annually receives about $400,000 from use tax like transient occupancy tax, or bed tax, and the city already is likely to receive very little from that revenue source.
“It’s going to be a real challenge for us,” he said.
The action is raising concern with other leaders in the community, who are trying to better understand what the governor’s order may entail.
“Cities were not given any heads-up that the State was going to announce a sales tax relief,” Lakeport City Manager Margaret Silveira told Lake County News in an email.
“The City is awaiting word from the State if there is going to be any backfill for the cities. This would be a devastating blow to our revenues, if there is no assistance,” Silveira said.
Similarly, County Administrative Officer Carol Huchingson said she has questions and concerns.
“Sharing of information regarding the State’s implementation of these particular deferrals remains in a very preliminary stage, but deferral of any tax payments certainly has the potential to significantly affect the County General Fund,” she said via email. “We are monitoring several indicators of County revenues, at present. “With no final guidance on what support will be provided from Federal and State funds, and uncertainty surrounding how long California will be affected by COVID-19, for example, it is not possible to entirely estimate the impact.”
Huchingson added, “This type of uncertainty informed our seeking Board approval to defer detailed budgeting for next year to September, and our approach has been consistent with statewide best practices.”
Last Tuesday, Huchingson went to the board with the plan to use the current year’s budget numbers as a starting point for next year’s budgeting process, with staff to make adjustments in the lead up to the recommended budget hearings on June 9 and the final recommended budget hearings on Sept. 23 and 24.
On Thursday Flora suggested a similar budget process to the Clearlake City Council, recommending very minimal changes to the current budget, which would be amended.
He said it remains to be seen how revenue streams will be impacted
Flora said a lot of restaurants, which are large sales tax generators, are not operating, but he said he’s seen initial numbers on sales tax for major retailers that indicate they are up more than 40 percent.
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The council will meet virtually beginning at 6 p.m. Tuesday, April 7. Council members will be participating telephonically and will not be physically present in the council chambers at Lakeport City Hall.
If you would like to speak on an agenda item, you can access the meeting remotely. Join from a PC, Mac, iPad, iPhone or Android device at https://attendee.gotowebinar.com/rt/1359917069095029262 or by phone at 1-877-309-2074 (toll-free) or 415-930-5229, access code 620-529-293.
Comments also can be submitted via email at
Comments that you want read to the council will be subject to the three minute time limitation (approximately 350 words). Written comments that are only to be provided to the council and not read at the meeting will be distributed to the council prior to the meeting.
On Tuesday, Assistant City Manager Kevin Ingram will present to the council an ordinance adopting the 2019 California Building Code along with additional revisions to the Lakeport Municipal Code removing references to obsolete building codes. The council will host a public hearing for the item.
The council also will consider ratifying Executive Order 2020-01, executed by City Manager Margaret Silveira – who also acts as the city’s director of emergency services – on March 28.
The order renders violations of orders issued by the Lake County Public Health officer or the governor of the state of California related to the COVID-19 emergency as violations of the Lakeport Municipal Code.
“As a result, the City now has the ability to issue administrative citations to those violating the Health Officer’s or Governor’s Shelter in Place orders, as well as abate violations as a public nuisance. Violation of the Shelter in Place order constitutes a violation of the Lakeport Municipal Code Chapters 1.08, 8.22 and 8.30,” according to Silveira’s report to the council.
“This goal remains to achieve voluntary compliance with all orders designed to reduce the spread of the COVID19 virus within our community. Staff does not desire to issue citations; however, should the need arise. This order gives the Lakeport Police Department more flexibility with enforcement of the local and state orders,” Silveira wrote.
On the consent agenda – items considered noncontroversial and usually accepted as a slate on one vote – are ordinances; minutes of the special council meeting on March 17 and the regular council meeting on March 17; the March 13 warrant register; confirmation of the continuing existence of a local emergency for the Mendocino Complex fire; confirmation of the continuing existence of a local emergency for the February 2019 storms; confirmation of the continuing existence of a local emergency for the October 2019 public safety power shutoff; confirmation of the continuing existence of a local emergency for the COVID-19 public health emergency; approval of the memorandum of understanding between the Lakeport Unified School District and the Lakeport Police Department for the services of a school resource officer for fiscal years 2020-2021 and 2021-2022 and direct the city manager to sign; and award of a construction contract to Thompson Contracting for the spray field fence replacement project.
Email Elizabeth Larson at
040720 Lakeport City Council Agenda Packet by LakeCoNews on Scribd