021913 lakeport city council agenda packet

7/29/2019 021913 Lakeport City Council Agenda Packet

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Any person may speak for three (3) minutes on any agenda item; however, total public input per item is not to exceed 15 minutes, extended at the discretion of theCity Council. This rule does not apply to public hearings. Non-timed items may be taken up at any unspecified time.

I. CALL TO ORDER & ROLL CALL: 6:00 p.m.II. PLEDGE OF ALLEGIANCE:

III. ACCEPTANCE OF AGENDA: Move to accept agenda as posted, or move to add or delete items.

Urgency Items: To add item, Council is required to make a majority decision that an urgencyexists (as defined in the Brown Act) and a 2/3rds determination that the need totake action arose subsequent to the Agenda being posted.

IV. CONSENT AGENDA: The following Consent Agenda items are expected to be routine and noncontroversial. They will be acted upon by the Council at one time without any discussion. Any Council Member may request that any item be removed fromthe Consent Agenda for discussion under the regular Agenda. Removed items will be considered following theConsent Calendar portion of this agenda.

A. Ordinances: Waive reading except by title, of any ordinances under consideration at this

meeting for either introduction or passage per Government Code Section 36934B. Warrants: Approve warrant register from February 7, 2013.

C. Minutes: Approve minutes of the regular City Council meeting of February 5, 2013.

D. Building Permit Report Review and file Building Permit Reports from January 2013.

E. Professional Services Contract Authorization to contract with Wilda Shock for economic development servicesfor the City of Lakeport.

V. PUBLIC HEARING

A. Secondary Accessory Dwelling Units Adopt an Ordinance revising the regulations related to the placement andconstruction of secondary accessory dwelling units in the City’s residential zoningdistricts.

B. Administrative Citation Ordinance Adopt an Ordinance of the City Council of the City of Lakeport adding Chapters 8.30and 8.31 Administrative Citation and Appeal Procedures of the Lakeport MunicipalCode establishing and Administrative Citation Policy and correlating appealprocedure.

VI. COUNCIL BUSINESS:

A. City Manager

1. South Main Street Annexation Give staff direction regarding a letter from LAFCO requesting meeting betweenCity of Lakeport and County of Lake.

VII. CITY COUNCIL COMMUNICATIONS:

A. Miscellaneous Reports, if any :

VIII. CLOSED SESSION: Pursuant to Government Code §54956.9(b), Anticipated Litigation

IX. ADJOURNMENT: Adjourn

Materials related to an item on this Agenda submitted to the Council after distribution of the agenda packet are available for public inspection in the City Clerk’s Office at225 Park Street, Lakeport, California, during normal business hours. Such documents are also available on the City of Lakeport’s website, www.cityoflakeport.com , subjto staff’s ability to post the documents before the meeting.

In compliance with the Americans with Disabilities Act , the City of Lakeport will make available to members of the public any special assistance necessary to participate inthis meeting. The public should contact the City Clerk’s Office at (707) 263-5615 to make such a request. Notification 72 hours prior to the meeting will enable the City to

make reasonable arrangements to ensure accessibility to this meeting.

AGENDA REGULAR MEETING OF THE LAKEPORT CITY COUNCILTuesday, Febuary 19, 2013City Council Chambers, 225 Park Street, Lakeport, California 95453

http://www.cityoflakeport.com/






City Council Agenda of February 19, 2013

_______________________________________Kelly Buendia, Deputy City Clerk



Any person may speak for three (3) minutes on any agenda item; however, total public input per item is not to exceed 15 minutes, extended at the discretion of theCity Council. This rule does not apply to public hearings. Non-timed items may be taken up at any unspecified time.

I. CALL TO ORDER & ROLL CALL: Mayor Engstrom called the regular meeting of the City Council of the City of Lakeport to order at 6:00 p.m. with Council Members Stacey Mattina, KennyParlet, Martin Scheel, and Marc Spillman present.Attorney Michael Gogna attended as Acting City Attorney for the meeting toanswer the council's legal questions

II. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Bob Bridges.

III. ACCEPTANCE OF AGENDA: A motion was made by Council Member Spillman, seconded by Council MemberParlet, and unanimously carried by voice vote to accept the agenda as presented.

IV. CONSENT AGENDA:

A. Ordinances: Waive reading except by title, of any ordinances under consideration at thismeeting for either introduction or passage per Government Code Section 36934

B. Warrants: Approve warrant register from January 9, 2013 and January 23, 2013.

C. Minutes: Approve minutes of the regular City Council meeting of January 15, 2013 and thespecial City Council meeting of January 22, 2013.

Vote on Consent Agenda A motion was made by Council Member Mattina, seconded by Council MemberScheel, and unanimously carried by voice vote to approve the Consent Agenda asposted.

V. PUBLIC PRESENTATIONS/REQUESTS:

A. Presentation from Police Chief Lieutenant Ferguson of the Lakeport Police Department introduced the newPolice Volunteer, John Norcio. Mr. Norcio will be assisting in the Departmentwith various administrative duties.

VI. PUBLIC HEARING

A. Administrative Citation Ordinance Planning Services Manager Britton presented the Staff Report and introduced anOrdinance of the City Council of the City of Lakeport adding Chapters 8.30 and 8.31Administrative Citation and Appeal Procedures of the Lakeport Municipal Codeestablishing and Administrative Citation Policy and correlating appeal procedure.Mayor Engstrom opened the Public Hearing at 6:17p.m. There was no publictestimony. Mayor Engstrom closed the Public Hearing.A motion was made by Council Member Scheel, seconded by Council MemberMattina, and unanimously carried by voice vote to introduce an ordinanceadding Chapters 8.30 and 8.31 Administrative Citation and Appeals Procedures tothe City of Lakeport Municipal Code and set a second reading/public hearing forFebruary 19, 2013 at 6:00 p.m.

B. Marijuana Ordinance Lakeport Police Chief Brad Rasmussen presented the Staff Report and introduceda draft Ordinance of the City Council of the City of Lakeport enacting Chapter17.38 of the Lakeport Municipal Code, regarding medical marijuana cultivation.Chief Rasmussen requested that the City Council discuss the item and give staff direction, with the item to be taken to the Planning Commission at a future date.Planning Services Manager Britton advised that the Planning Commission wouldneed to make findings on this Zoning Ordinance and ensure that it is consistentwith the City of Lakeport General Plan.Mayor Engstrom opened the Public Hearing at 6:22 p.m.

MINUTES REGULAR MEETING OF THE LAKEPORT CITY COUNCIL

Tuesday, Febuary 5, 2013City Council Chambers, 225 Park Street, Lakeport, California 95453



City Council Minutes of February 5, 2013 Page 2

Ron Green spoke on behalf of the Emerald Unity Coalition in opposition of theordinance.Howard Holtz spoke in opposition of the ordinance.Bob Bridges, Ron Rose, and Kim Beall spoke in favor of the ordinance.Mayor Engstrom closed the Public Hearing at 7:14 p.m.A motion was made by Council Member Mattina, seconded by Council MemberScheel, and unanimously carried by voice vote to send the draft Ordinance back

to the committee, the new version of which will be composed of 2 CouncilMembers, two stakeholders, two community members and necessary staff.Kim Beall and Howard Holtz volunteered to serve on the committee.

VII. COUNCIL BUSINESS:

A. Finance Director

1. Budget Adjustment Finance Director Buffalo presented the Staff Report summarizing the BudgetAmendment for review.A motion was made by Council Member Parlet, seconded by Council MemberSpillman, and unanimously carried by voice vote to approve Budget Amendment,Fiscal Year 2012-13, as recommended by staff.

B. Chief of Police

1. Request for an additional policeofficer position Chief of Police Rasmussen presented a Staff Report requesting the Council toallocate additional funding to the 2012/2013 Police Department budget in orderto increase the total number of full time sworn personnel by one officer and tocommit continued funding for that position through the 2013/2014 Fiscal Year.Erin Hagberg spoke in support of adding an additional Police Officer.A motion was made by Council Member Mattina, seconded by Council MemberParlet, and unanimously carried by voice vote to authorize staff to hire theadditional officer under the funding plan presented in the Staff Report.

C. Planning Services Manager

1. Report and Recommendation fromthe Mobile Catering OrdinanceReview Committee

Planning Services Manager Britton presented a report and recommendations of the ad hoc Mobile Catering Ordinance Review Committee for the Council’sconsideration.

Joseph DiDonato, owner of Hey, Hot Dog spoke in favor of the Committee’srecommendations.A motion was made by Council Member Mattina, seconded by Council MemberSpillman, and unanimously carried by voice vote to accept the ad hoc MobileVending Committee recommendations as set forth in the February 5, 2013 CityCouncil staff report; with direction to staff to prepare an amendment toMunicipal Code Chapter 5.20 and incorporate the recommended changes anddetails regarding the time waiver application for consideration by the CityCouncil at a later date.

D. City Engineer

1. Safe Routes to School Project City Engineer Harter gave a history of the project which was proposed to installcurbs, gutters and sidewalks on Hartley Drive. The design work took an excessive

amount of time and then came in at much higher costs than originallyanticipated. Staff worked with the understanding that work could becompleted by the end of the fiscal year June 30, 2013. Staff was made awarerecently that the deadline was actually April 1, 2013. Staff recommendedwithdrawing the application and submitting the project under a new grantprocess.

VIII. CITY COUNCIL COMMUNICATIONS:



City Council Minutes of February 5, 2013 Page 3

A. Miscellaneous Reports, if any : Council Member Spillman had nothing to report.Council Member Mattina attended the LAFCO meeting, and received a letterfrom LAFCO inviting the City to a meeting with the County.Council Member Parlet has been reviewing documentation from the League of California Cities training meeting.Council Member Scheel has also been immersed in training documents.There were no other reports from the management team.

Mayor Engstrom had nothing to report.City Manager Silveira advised there would be no closed session due to theabsence of City Attorney Brookes. She also reminded the Council of the StrategicPlanning session on February 22, 2013.

IX. CLOSED SESSION: There was no Closed Session due to the absence of City Attorney Brooke.

X. ADJOURNMENT: Mayor Engstrom adjourned the meeting at 8:45 p.m.

Attest: Approved:

_______________________________________ _______________________________________KELLY BUENDIA, Deputy City Clerk THOMAS ENGSTROM, Mayor



Meeting Date: 2/19/2013 Page 1 Agenda Item #IV.D.

CITY OF LAKEPORTCity Council

City of Lakeport Municipal Sewer District

STAFF REPORTRE: Building Permit Report MEETING DATE: 02/19/2013

SUBMITTED BY: Community Development Department

PURPOSE OF REPORT : Information only Discussion Action Item

WHAT IS BEING ASKED OF THE CITY COUNCIL/AGENCY/BOARD:

The Council is being asked to review the Building Permit Report for informational purposes only.

SUMMARY:

Attached is a copy of the January building permit log and pending permits. The following are totals forFiscal Year 2012/2013 for the Building Department:

Number of Permits 90Construction Value $6,680,902.32Permit Revenue $67,612.38

SUGGESTED MOTIONS:

Receive and file monthly Building Permit Report for January 2013.

Attachments: Monthly Building Permit Report for January 2013



Meeting Date: 2/19/2013 Page 1 Agenda Item #IV.E.



STAFF REPORT

RE: Contract for Economic Development Services MEETING DATE: 2/19/2013

SUBMITTED BY: Margaret Silveira, City Manager


WHAT IS BEING ASKED OF THE CITY COUNCIL/BOARD:

Authorization to contract with Wilda Shock for economic development services for the City of Lakeport.

BACKGROUND:

The City of Lakeport City Council has recently reorganized the Community Development Department(CDD) on the departure of long time Community Development Director, Richard Knoll. Due to thereduction of two and half positions in CDD, certain responsibilities previously assigned to Knoll have beendisbursed to other persons. One important responsibility that requires reassignment is economicdevelopment.

DISCUSSION:

Staff is recommending that the City enter into a contract with Wilda Shock to assist the City with economicdevelopment. Wilda Shock has an extensive background in economic development with previousemployment at the University of Davis, and Lake County, to name a few. Wilda has a long history in this

County and historical knowledge of past economic development projects and practices. Wilda is the currentchair of the City's Lakeport Economic Development Advisor Committee (LEDAC); she also sits on theeconomic development committee of the Main Street Association.

Having Wilda's experience and historical knowledge of Lakeport and Lake County makes her an importantasset to the City's economic development future.

The contract would be for an hourly rate of $35.00 not to exceed a monthly rate of $700.00 or 20 hours.

OPTIONS:

Authorize City Manager to enter into a contract for consulting services with Wilda Shock.

Deny request for contract for economic development consulting services.

Approve other City Council alternative.

FISCAL IMPACT:

None $up to $8,400 annually Account Number: 110-1050-930-000 Comments:

SUGGESTED MOTIONS:

Authorize the City Manager to enter into a contract for consulting services with Wilda Shock



Meeting Date: 2/19/2013 Page 2 Agenda Item #IV.E.

Attachments: Attachment 1: Contract with Consultant, Wilda Shock



Attachment 1

1

CITY OF LAKEPORT

CONSULTANT AGREEMENT

This Agreement is made and entered into this 19 th day of February, 2013, by and between theCITY OF LAKEPORT, hereinafter referred to as “CITY”, and WILDA SHOCK, hereinafter referredto as “CONSULTANT”.

WHEREAS , the CITY has determined that it is necessary to hire an independent contractor toprovide the CITY with economic development services; and

WHEREAS , the CITY has determined that this need involves the performance of professionaland technical services; and

WHEREAS , the CITY has consulted with CONSULTANT in terms of her education, background

and availability to perform certain independent consulting services; and

WHEREAS , CONSULTANT has experience and understands the professional and technicalservices required by CITY ..

NOW, THEREFORE, the CITY and CONSULTANT, in consideration herein described, mutuallyagree as follows:

SCOPE OF SERVICES

1. CONSULTANT shall perform consulting services of a limited nature as described below.

A. Coordinate the economic development as needed to complete said tasks.

B. Complete any reports in accordance with the policies of the CITY of Lakeport.

C. Serve as liaison with LEDAC, LMSA, including current membership on the EconomicRestructure Committee; establish contacts with Lakeport business community;

D. Report with regular frequency to City Council, creating more visibility for the City’seconomic development efforts/programs;

E. Assist with the development of a regional entity to foster collaboration, cooperation,

communication within Lake County and work with relevant local and other existing oremerging groups



Attachment 1

2

Payment Terms

2. The CITY agrees to pay CONSULTANT on an hourly basis at a rate of ($35.00) Dollars perhour. Not to exceed $700 per month. Payment shall be made upon submittal of an invoiceto the CITY specifying hours and dates worked. Payment by the CITY shall be madewithin two (2) weeks after submission of invoice.

Special Provisions

3. CONSULTANT and the CITY agree that all consulting services performed pursuant to this Agreement by CONSULTANT shall be performed as an independent contractor. Allpersons employed by CONSULTANT in connection with this Agreement shall not be anagent or employee of the CITY. CONSULTANT and the CITY agree to use reasonable careand diligence to perform their respective services under this Agreement. Unless hereinspecified, neither CONSULTANT nor the CITY shall be responsible for the services of theother or any subcontractor.

4. CONSULTANT shall use reasonable care and diligence to comply with applicable Federal,State, and Local laws in the performance of work under this Agreement.

5. CONSULTANT shall maintain automobile liability insurance. The limits of coverage shall be$100,000 per person, $300,000 per accident – bodily injury, and $100,000 propertydamage. Proof of CONSULTANT’S insurance will be provided to CITY.

Miscellaneous

6. During the performance of this Agreement, CONSULTANT will not discriminate against anyproperty owner, contractor, worker, or employee because of race, religion, creed, nationalorigin, sex, or age.

7. CONSULTANT shall comply with the provisions of the Worker’s Compensation Laws of theState of California.

8. All reports and other documents prepared by CONSULTANT pursuant to this Agreementshall become and remain the property of the CITY. Any modification of such documentsby the CITY, or reuse of the documents without CONSULTANT’S prior consent, shall be atthe CITY’S sole risk. Basic notes, computations, or other data under this Agreement shallbe made available to the CITY.

9. The term of this Agreement shall be from February 19, 2013 through no specific timeline.However, the CITY may terminate this Agreement at any time by giving written notice toCONSULTANT. The CITY shall pay CONSULTANT for all work performed through the dateof termination within thirty (30) days of the date of any termination.

10. If CONSULTANT materially breached the terms of this Agreement, the CITY shall have anyof the following remedies:

A. Immediately terminate the Agreement.



Attachment 1

3

B. Retain the reports and other documents.

11. If the CITY breaches the terms of this Agreement, CONSULTANT may terminate the Agreement by written notice to the CITY, and the CITY shall pay CONSULTANT for allservices and expenses performed to the date of termination. CONSULTANT shall have noliability for costs or damages to the CITY resulting from termination of this Agreementcaused by material breach of the CITY.

12. This Agreement is binding upon the CITY and CONSULTANT and their successors. Exceptas otherwise provided herein, neither the CITY nor CONSULTANT shall assign, sublet, ortransfer the interests in this Agreement, or any part thereof, without the prior writtenconsent of the CITY.

13. The Lakeport City Manager Margaret Silveira is designated as the CITY’S representative.The CITY representative and CONSULTANT shall be the primary contact persons for each

party regarding the performance of this Agreement. The City Manager shall cooperatewith matters regarding this Agreement so that the performance of the work may beaccomplished in a timely and expeditious fashion.

14. The laws of the State of California shall govern the rights, obligations, duties, and liabilitiesof this Agreement, as well as the interpretation of the Agreement. Venue is agreed to lieexclusively in Lake County.

CITY OF LAKEPORT

__________________________________ _____________________________ Margaret Silveira, CITY Manager WILDA SHOCK



Meeting Date: 02/19/2013 Page 1 Agenda Item #V.A.


Lakeport Redevelopment AgencyCity of Lakeport Municipal Sewer District

STAFF REPORTRE: Second Reading and Adoption of an Ordinance to revise the

regulations related to the placement and construction of secondary accessory dwelling units in the City’s residentialzoning districts.

MEETING DATE: 02/19/2013

SUBMITTED BY: Andrew Britton, Planning Services Manager


WHAT IS BEING ASKED OF THE CITY COUNCIL/AGENCY/BOARD: The City Council is asked to: 1.) Adopt the proposed Ordinance, which will amend the City’s Zoning Ordinance (Title 17, Lakeport Municipal Code) to revise the regulations relating to the placement andconstruction of secondary accessory dwelling units in the City's UR, R-1 and R-2 residential zoning districts;and 2.) Hold a public hearing for the second reading and adoption of the Ordinance.

BACKGROUND:

The proposed Ordinance was first introduced to the City Council at a public hearing on January 15, 2013. There were no comments from the public and no suggested revisions from the City Council. Staff wasdirected to schedule a public hearing and second reading of the Ordinance for the February 19, 2013 City Council meeting.

The January 15, 2013 Staff Report to the Council is attached to this report (Exhibit 1)and provides extensivebackground and discussion regarding the proposed changes to the City’s “second unit” regulations,including the Planning Commission’s recommendation to adopt the proposed Ordinance.

DISCUSSION:

The proposed Ordinance is also attached to this report (Exhibit 2) and is the same document that wasintroduced to the Council in January.

OPTIONS:

1. Approve and adopt proposed Ordinance _____ (2013) revising the regulations related to the placementand construction of secondary accessory dwelling units in the City’s residential zoning districts.

2. Do not approve but provide direction to staff.

FISCAL IMPACT:

None $ Account Number: Comments:

No significant fiscal impacts are anticipated as a result of the proposed modifications to the Zoning Ordinance. Expenses related to the ordinance publication and codification will be incurred.



Meeting Date: 02/19/2013 Page 2 Agenda Item #V.A.

Positive fiscal impacts may be realized given that there will be more opportunities for the development of new second units in Lakeport. Additional revenue from building permit fees, sewer and/or water expansionfees, and property tax increases are a possibility.

SUGGESTED MOTION:

Move that the City Council adopt Ordinance____ (2013) amending Title 17 of the Lakeport MunicipalCode related to the placement and construction of secondary accessory dwelling units.

Attachments: Exhibit 1: City Council Staff Report (January 15, 2013)Exhibit 2: Proposed Ordinance



Meeting Date: 01/15/2013 Page 1 Agenda Item #VII.B.


Lakeport Redevelopment AgencyCity of Lakeport Municipal Sewer District

STAFF REPORTRE: Introduction of an Ordinance to revise the regulations related

to the placement and construction of secondary accessory dwelling units in the City’s residential zoning districts.

MEETING DATE: 01/15/2013

SUBMITTED BY: Andrew Britton, Planning Services Manager



The City Council is asked to: 1.) Introduce the proposed Ordinance, which will amend the City’s Zoning Ordinance (Title 17, Lakeport Municipal Code) to revise the regulations relating to the placement andconstruction of secondary accessory dwelling units in the City's UR, R-1 and R-2 residential zoning districts;and 2.) Set a public hearing date for second reading and adoption of the Ordinance.

BACKGROUND:

The City of Lakeport adopted regulations and criteria for the development of Secondary Accessory Dwelling Units (“second units”) in 2003 as part of a comprehensive update of the Zoning Ordinance.California state law (AB 1866) mandates the “easier” regulatory processing of second units. The law requires applications for second units in residential zoning districts to be considered on a ministerial basisrather than through a discretionary review process. The basic intent of this law is to facilitate the creation of second dwelling units as a source of affordable housing in California by streamlining the application processand eliminating arbitrary, excessive, or burdensome provisions and requirements.

The current regulations for the development of second units are set forth in Municipal Code Section17.28.010 CC. The regulations address a variety of issues and include a provision indicating that theminimum lot size for a parcel that includes a standard dwelling and a second unit must be at least 9,000square feet. City staff and the Planning Commission determined that there are many residential parcels inour community that would be ineligible for a second unit because they do not contain 9,000 square feet of land area.

The Planning Commission discussed proposed changes to the City’s second unit regulations in May,September and November of 2012. Please see the attached Staff Report (Exhibit 1) which was presented tothe Planning Commission in May 2012. The attached report provides additional background information,the current second unit regulations, and discussion regarding the construction of second units and relatedissues.

In November 2012 the Planning Commission reviewed a draft Ordinance that incorporated severalrecommended changes to the second unit regulations, including reducing the minimum parcel size to 7,500square feet and additional criteria that would allow construction of a second unit on parcels with less than7,500 square feet. The Planning Commission recommended several additional minor changes which aredescribed in the attached Minute Order (Exhibit 2). As noted in the Minute Order, the Commission alsodirected staff to forward the amended revised Ordinance (Exhibit 3) to the City Council for consideration.

Exhibit 1



Meeting Date: 01/15/2013 Page 2 Agenda Item #VII.B.

DISCUSSION:

The Planning Commission recommended adoption of the proposed Ordinance based on the determinationthat the current second unit regulations, including the minimum parcel size requirement, are a barrier whichlimits the development of second units in Lakeport.

As detailed in the Staff Report presented to the Planning Commission (Exhibit 1), the City’s General Plandiscusses the importance of second units with respect to providing additional affordable housing opportunities in our community. The Housing Element of the General Plan (Pg. 5-10) indicates that second

units can provide housing for lower income persons as well as caretaker units for the elderly and disabled.Second units can also provide an opportunity for renters to enjoy the advantages of living on an owner-occupied parcel in a safe and quiet neighborhood. In addition, they can also allow people who have losttheir homes to foreclosure to stay in our community as a second unit renter. Housing Element Policy 2D(Pg 6-6) calls for the City to “continue to facilitate the construction of second dwelling units and permitaccessory residential units by right in the R-1 zoning district.”

The proposed Ordinance addresses the construction of second units in the R-1 Low Density Residential, R-2 Medium Density Residential and UR Urban Reserve zoning districts and reduces the minimum parcel sizefor a second unit from 9,000 square feet to 7,500 square feet. Second units may be allowed on parcels withless than 7,500 square feet subject to the approval of a Use Permit by the Planning Commission andconformance with additional criteria as described in the proposed Ordinance. The proposed Ordinance also

adds new language regarding the payment of sewer and water expansion fees in conjunction with a new second unit and requires the assignment of a separate address. The City’s definition of a “secondary accessory residential unit” will also be revised and clarified.

OPTIONS:

1. Introduce the proposed Ordinance and set a public hearing date for its second reading and adoption.

2. Propose revisions to the draft Ordinance and request that it be returned to the City Council for furtherdiscussion.

FISCAL IMPACT:

None $ Account Number: Comments: No significant fiscal impacts are anticipated as a result of the proposed modifications to the Zoning Ordinance. Typical expenses related to the public hearing notice, ordinance publication and codification

will be incurred.

Positive fiscal impacts may be realized given that there will be more opportunities for the development of new second units in Lakeport. Additional revenue from building permit fees, sewer and/or water expansionfees, and property tax increases are a possibility.

SUGGESTED MOTIONS:

Move that the City Council introduce the proposed Ordinance amending Title 17, Chapter 17.28 of the

Lakeport Municipal Code related to the placement and construction of secondary accessory dwelling unitsand set a public hearing and second reading for February 19, 2013, at 6:00 p.m.

Attachments: Exhibit 1: Planning Commission Staff Report (May 9, 2012)Exhibit 2: Planning Commission Minute Order (Nov. 14, 2012 meeting)Exhibit 3: Proposed Ordinance



EXHIBIT 2

ORDINANCE NO. XXX (2013)

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OFLAKEPORT REVISING THE LAKEPORT ZONING ORDINANCE TO

AMEND THE PROVISIONS RELATING TO THE PLACEMENT ANDCONSTRUCTION OF SECONDARY ACCESSORY RESIDENTIAL

UNITS WITHIN THE CITY’S RESIDENTIAL ZONING DISTRICTS

WHEREAS, Title 17 of the Lakeport Municipal Code (Lakeport Zoning Ordinance) establishes various regulations and guidelines in the City which include development and performance standards forconstruction, placement, and operation of various uses, including Secondary Accessory Residential Units; and

WHEREAS, Title 17, Chapter 17.28, of the Lakeport Municipal Code sets forth standards for theregulation of location, size, appearance and other requirements related to the development of Secondary

Accessory Residential Units in the City of Lakeport; and

WHEREAS , in April 2009, the Lakeport City Council adopted the 2025 Lakeport General Plan; and

WHEREAS , in November 2009, the Lakeport City Council adopted the Housing Element of theGeneral Plan; and

WHEREAS , the Lakeport General Plan and Housing Element include policies and other languagesupporting the development of Secondary Accessory Residential Units to provide additional affordablehousing opportunities in Lakeport and to help mee t the City’s Regional Housing Needs Allocation; and

WHEREAS , the Lakeport General Plan includes policies encouraging the facilitation of infilldevelopment including the adoption of innovative and flexible standards that support infill development; and

WHEREAS , Section 17.32.010 of the Municipal Code gives authority to amend the text of the Zoning Ordinance when the public convenience, necessity, and general welfare of the public requires such anamendment; and

WHEREAS , on May 9, 2012; September 19, 2012; and November 14, 2012 the Lakeport Planning Commission discussed the current regulations for Secondary Accessory Residential Units at public meetingsand made a recommendation to the City Council to revise the regulations to provide additional opportunitiesfor the development of Secondary Accessory Residential Units; and

WHEREAS , the City Council has determined that there is a need to incorporate recommendedamendments into the Zoning Ordinance:

NOW, THEREFORE, BE IT ORDAINED AS FOLLOWS:

Section 1.

A. Section 17.03.030 (“UR” Urban Reserve District Regulations, Uses Permitted) of the Lakeport Zoning Ordinance shall be amended as follows:

G. One secondary accessory residential unit on a parcel with at least seven thousand five hundredsquare feet of land area subject to Performance Standards set forth in Chapter 17.28.



Ordinance XXX (2013) Page 2

B. Section 17.03.050 (“UR” Urban Reserve District Regulations, Uses Permitted Subject to Use Permit) of the Lakeport Zoning Ordinance shall be amended as follows:

D. One secondary accessory residential unit on a parcel with less than seven thousand five hundredsquare feet of land area subject to Performance Standards set forth in Chapter 17.28.

C. Section 17.03.040 (“UR” Urban Reserve District Regulations, Uses Permitted Subject to Zoning Permit) of the Lakeport Zoning Ordinance shall be amended as follows:B. One secondary accessory residential unit.

D. Section 17.04.030 (R-1 Low Density Residential District Regulations, Uses Permitted) of the LakeportZoning Ordinance shall be amended as follows:

G. One secondary accessory residential unit on a parcel with at least seven thousand five hundredsquare feet of land area subject to Performance Standards set forth in Chapter 17.28.

E. Section 17.04.050 (R-1 Low Density Residential District Regulations, Uses Permitted Subject To a UsePermit) of the Lakeport Zoning Ordinance shall be amended as follows:

I. One secondary accessory residential unit on a parcel with less than seven thousand five hundredsquare feet of land area subject to Performance Standards set forth in Chapter 17.28.

F. Section 17.05.030 (R-2 Medium Density Residential District Regulations, Uses Permitted) of theLakeport Zoning Ordinance shall be amended as follows:

H. One secondary accessory residential unit on a parcel with at least seven thousand five hundredsquare feet of land area subject to Performance Standards set forth in Chapter 17.28.

G. Section 17.05.050 (R-2 Medium Density Residential District Regulations, Uses Permitted Subject To aUse Permit) of the Lakeport Zoning Ordinance shall be amended as follows:

F. One secondary accessory residential unit on a parcel with less than seven thousand five hundredsquare feet of land area subject to Performance Standards set forth in Chapter 17.28.

H. Section 17.28.010 CC. (Performance Standards, Secondary Accessory Residential Units) of the

Lakeport Zoning Ordinance shall be amended as follows:

CC. Secondary Accessory Residential Units.

1. Only one secondary accessory residential unit shall be permitted on any one parcel.

2. Secondary accessory residential units shall contain separate kitchen and bathroom facilities andshall have a separate entrance from the main dwelling.

3. The total floor area of the secondary accessory residential unit shall be not less than three hundredsquare feet and shall not exceed sixty percent of the square footage of the existing single-family house.

4. The primary and secondary accessory residential unit shall remain under single ownership.

5. The secondary accessory residential unit shall not be constructed unless there is an existing single-family dwelling located on the site.

6. The secondary accessory residential unit may be either attached to the existing dwelling ordetached from the existing dwelling and must be located on the same lot.

7. The secondary accessory residential unit shall should be constructed or sited on the parcel to therear or side of the existing single-family dwelling so that it is clearly secondary or incidental to theprimary single-family residential unit.

8. The architectural style and construction materials used in the secondary accessory residential unitshall generally conform to those existing on the primary residential unit in terms of building height,




roof style, roof materials, siding, windows, doors, siding and trim colors, and other architecturaldetails.

9. Secondary accessory residential units shall be provided with one covered off-street parking space, which shall be in addition to the covered parking required for the existing single-family dwelling.New covered parking shall be provided for the secondary accessory residential unit if there is nocovered parking for the existing dwelling.

10. The minimum lot size for a parcel that contains a primary and secondary accessory residential unitshall be seven thousand five hundred square feet.

a. A secondary accessory residential unit may be approved by the Planning Commission (UsePermit) and constructed on an existing parcel with less than seven thousand five hundred squarefeet if the unit meets the following criteria:

(1) The provision of exceptional architectural design, including a high level of architecturalcompatibility with the existing single family dwelling; or

(2) Off-street parking is provided in excess of the combined minimum requirements for boththe primary and secondary accessory dwellings; or

(3) New right-of-way improvements (including, but not limited to curb, gutter, and sidewalk) areinstalled along the street frontage(s) of the subject property; or

(4) The property owner enters into a written agreement with the City stipulating that thesecondary accessory residential unit shall be rented to Low Income, Very Low Income orExtremely Low Income tenants with maximum income levels established for Lake County by the State of California. The rental affordability agreement shall be in effect for aminimum of five (5) years and shall be binding on all owners or persons having or acquiring any right, title, or interest in the property subject to the agreement. Longer rentalaffordability agreements are encouraged.

11. Sewer expansion fees shall be collected in conjunction with the construction/development of allnew secondary accessory residential units as required by City of Lakeport Municipal Sewer District(CLMSD South or CLMSD North). Water expansion fees shall be collected if a new water meteris installed for the new secondary accessory residential unit or if an existing water meter is upsized.

12. A separate address for the secondary accessory residential unit shall be assigned by the City of Lakeport.

I. Chapter 17.37 (Definitions) of the Lakeport Zoning Ordinance shall be amended to include thefollowing revised definition:

“Residential Second Unit” means a single-family dwelling constructed after or concurrent with anothersingle-family dwelling on the same lot or parcel. A second unit provides complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking,sanitation, and parking. Only one second unit is allowed per lot.

Section 2. CEQA.

The City Council has determined that this Ordinance is categorically exempt from the requirement to prepareenvironmental documents under the California Environmental Quality Act (CEQA). The City Council findsthat the project is categorically exempt under the CEQA Guidelines, which include classes of projectsdetermined not to have a significant effect on the environment and which are, therefore, exempt from theprovisions of CEQA. The Ordinance (project) is exempt under CEQA Guideline Section 15303 whichexempts the construction of single-family residences and second units. The improvement of an existing areaassociated with an existing residence would have less environmental impact than the construction of a new residence. None of the exceptions set forth in Section 15300.2 of the CEQA Guidelines (including but not




limited to Subsection (b), which relates to cumulative impacts and Subsection (c) which relates to unusualcircumstances) applies to this Ordinance.

Section 3. Severability.

If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid

or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this and each section, subsection, phrase, orclause thereof irrespective of the fact that any one or more sections, subsections, phrases, or clauses bedeclared unconstitutional on their face or as applied.

Section 4. Effective Date.

This ordinance shall become effective 30 days after the date of adoption.

Section 5. Posting/Advertising.

The City Clerk shall cause this ordinance to be published and/or posted within fifteen days after its adoption.

* * * * * * * * * * *

This ordinance was introduced before the City Council of the City of Lakeport at a regular meeting thereof on the ___th day of ______, 2013, by the following vote:

AYES:NOES:

ABSENT: ABSTAINING:

This Ordinance was duly enacted by the City Council of the City of Lakeport at a regular meeting thereof on the __th day of _________, 2013, by the following vote:

AYES:NOES:

ABSENT: ABSTAINING:

_________________________________ THOMAS ENGSTROM , Mayor

ATTEST: APPROVED AS TO FORM:

_____________________________ _________________________________ KELLY BUENDIA, Deputy City Clerk STEVEN J. BROOKES, City Attorney



Meeting Date: 2/19/2013 Page 1 Agenda Item #V.B.



STAFF REPORT

RE: Administrative Citation Ordinance MEETING DATE: 02/19/2013

SUBMITTED BY: Steven Brookes, City Attorney



The City Council is being asked to: 1.) Adopt the proposed ordinance establishing an AdministrativeCitation procedure and 2.) Hold a public hearing for the second reading and adoption of the ordinance.

BACKGROUND:

After considering additional tools to gain compliance for Municipal Code violations (especially whenabatement budgets are being cut) the City Manager and staff have worked on a draft ordinance establishing an Administrative Citation procedure for violations of the City Municipal Code and other City rules oragreements. This would be available for use as with most City code violations as well as in matters such asfailing to comply with terms of a Project Conditions Agreement. This ordinance was introduced at theFebruary 5, 2013 meeting.

DISCUSSION:

The City establishes rules and regulations for living and doing business within city limits. Currently, the

City’s only ability to enforce its ordinances is through voluntary compliance, recordation of a notice of code violation against the title of the property, public nuisance abatement or criminal prosecution through thecourt system. The proposed administrative citation ordinance would allow staff to issue administrativecitations for violations of the City Rules and Codes.

Typically, enforcement of violations of City Code results in the issuance of a “Notice of Violation”, whichconsists of identifying the specific tasks that needed to be done and a time frame for compliance. In mostcases this type of corrective notice is sufficient; however, there are situations where stronger enforcementactions become necessary. Under the existing City Code, code violations may be criminally charged asinfractions or misdemeanors. Prosecution through the Court system is costly, time consuming, and requiressignificant staff resources, as well as, City Attorney time. For example: the City Code regulates storage of personal property on residential property (recreational vehicles, boats and trailers are the most complained

about); staff efforts to enforce this ordinance are often ignored by residents because they understand thatcourt prosecution is time consuming and costly for the City. In addition, if the matter actually gets to court,the offender may simply be required to remove the personal property or materials. Similar circumstancesarise in connection with enforcement of other requirements of City Codes.

The proposed ordinance would provide an alternative to criminal prosecution of code violations and otherexisting tools. Staff believes there are some circumstances where this could be a more effective tool topromote compliance with the City Code. The attached ordinancewould allow the City to imposeadministrative fines of not more than $100.00 for a first violation, $200.00 for a second violation, and a finenot exceeding $500.00 for each additional violation. Each day that a violation continues would beconsidered a separate violation of the Code. Costly court actions could be avoided except in instances where



Meeting Date: 2/19/2013 Page 2 Agenda Item #V.B.

an individual or entity refuses to respond to a citation or to an appeal officer’s finding that a violation hasoccurred. Unpaid administrative fines would be made liens against the property in violation or otherwisecollected as a debt owed to the City.

The ordinance would require that residents be given the opportunity to correct code violations before any penalty is issued except in cases of immediate danger to health or safety. The ordinance includes proceduresfor appeals of citations to an impartial hearing officer. Such hearings would provide persons who believe thecitation is not warranted to present their case to the hearing officer. I am suggesting using volunteer localattorneys and/or trained mediators to serve as hearing officers.

Staff recommends that no administrative citations be issued until a future date certain. This will allow timefor staff training, public education, creating the required forms and setting up the other aspects of theprogram.

OPTIONS:

1. Adopt the proposed ordinance as is; or

2. Provide staff with alternative direction including any suggested revisions.

FISCAL IMPACT:

None $ Account Number: Comments: Staff believesthat the collection of fines and penalties will result in a revenue-expense neutral code compliance program. Administrative citations will range from $100 up to $500 per occurrence. It is expected that the staff cost of this program will be largely offset by the revenue from the civil fines. There will be some initial costs relatedto public outreach/education efforts and staff time to implement the Administrative Citation process.

SUGGESTED MOTIONS:

Move to adopt an ordinance adding Chapters 8.30 and 8.31 Administrative Citation and Appeals Proceduresto the City of Lakeport Municipal Code.

Attachments: Attachment 1: Ordinance adding Chapters 8.30 and 8.31 Administrative Citationand Appeals Procedures to the City of Lakeport Municipal Code



Attachment 1

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ORDINANCE NO. XXX (2013)

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKEPORT ADDING CHAPTERS 8.30 AND 8.31 ADMINISTRATIVE CITATION AND

APPEAL PROCEDURES OF THE LAKEPORT MUNICIPAL CODEESTABLISHING AN ADMINISTRATIVE CITATION POLICY AND

CORRELATING APPEAL PROCEDURE

WHEREAS, the City of Lakeport Municipal Code establishes rules and regulations for living and doing business within city limits, and;

WHEREAS, the City’s only ability to enforce its ordinances is through voluntary compliance,recordation of a notice of code violation against the title of the property, public nuisance abatement

or criminal prosecution through the court system, and;

WHEREAS, an administrative citation ordinance would allow staff to issue administrativecitations for violations of the Municipal Code, and;

NOW, THEREFORE, BE IT ORDAINED AS FOLLOWS:

Section 1. The City Council of the City of Lakeport does hereby add the following Chapters to theMunicipal Code:

Chapter 8.30 ADMINISTRATIVE CITATION

AND APPEAL PROCEDURES

Sections:8.30.010. Issuance of Administrative Citation.8.30.020. Administrative fines.8.30.030. Opportunity to correct or remedy violations.8.30.040. Contents of Administrative Citation.8.30.050. Form of Administrative Citation.8.30.060. Service of Administrative Citation.8.30.070. Completion of service of Administrative Citation.8.30.080. Appeal of Administrative Citation.8.30.090. Form for filing of appeal.8.30.100. Time in which to file appeal.8.30.110. Fee for filing of appeal.8.30.120. Incomplete filing.



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8.30.130. Failure to file proper appeal.8.30.140. Processing and conducting of appeal.8.30.150. Stay pending appeal.8.30.160. Time in which to pay fine; Demand for Payment; Notice of Decision and

Compliance Order.

8.30.170. Contents of Demand for Payment.8.30.180. Service of Demand for Payment.8.30.190. Completion of service.8.30.200. Proof of service.8.30.210. Appeal of administrative fine.8.30.220. Attorneys fees.

8.30.010. Issuance of Administrative Citation. Whenever a code compliance officer or otherauthorized enforcement agent determines that an infraction or misdemeanor violation of theMunicipal Code has occurred or that a violation exists which is deemed to constitute a publicnuisance pursuant to the Municipal Code and/or applicable statute, rule, code, Project Condition

Agreement or other City regulation, the officer or agent may issue an Administrative Citation to any party responsible for the violation.

8.30.020. Administrative fines. Any party to whom an Administrative Citation is issued, shallbe responsible for payment of an administrative fine in the amount specifically set forth in theMunicipal Code and/or applicable statute, rule, code or regulation violated or, if no amountprovided, in the following amounts: (a) an administrative fine in an amount not to exceed onehundred dollars ($100) for the first violation; (b) an administrative fine in an amount not to exceedtwo hundred dollars ($200) for the second violation of the same provision within a twelve (12)month period commencing on the date of the first violation; and (c) an administrative fine in anamount not to exceed five hundred dollars ($500) for the third and any subsequent violation of thesame provision within a twelve (12) month period commencing on the date of the first violation.

8.30.030. Time period within which to correct or remedy violations.

(a) Any party to whom an Administrative Citation has been issued for violations pertaining tobuilding, plumbing, electrical, or other similar structural or zoning issues that do not create animmediate danger to health or safety, shall be provided not less than ten (10) calendar days in whichto correct or otherwise remedy the violation prior to the imposition of any administrative fine. Forall other violations, the recipient of an Administrative Citation shall be provided not less than seven(7) calendar days in which to correct or otherwise remedy the violation prior to the imposition of any administrative fine, unless a shorter period is determined necessary by the code complianceofficer or other authorized enforcement agent.

(b) The code compliance officer or other authorized enforcement agent may extend the timein which to correct or otherwise remedy a violation upon a showing that the recipient of the

Administrative Citation requires additional time to complete repairs or upon a showing that the

recipient of the Administrative Citation is awaiting issuance of a permit, provided such person offersproof that he or she has commenced taking action to correct or otherwise remedy the violationand/or that a proper application for such permit has been made.

8.30.040. Contents of Administrative Citation. An Administrative Citation shall include all of the following information: (a) the name of the person(s) responsible for committing the violation(s);(b) the date of the violation(s); (c) the street address or a definite description of the location wherethe violation occurred; (d) the code section(s) violated; (e) a description of the violation; (f) an order



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prohibiting the continuation or repeated occurrence of the described violation(s); (g) the amount of the administrative fine for the violation(s); (h) a description of the fine payment process, including adescription of the time within which and the place to which the fine shall be paid; (i) a description of the Administrative Citation appeal process, including the time within which an appeal must be filed;(j) a description of the process by which the City may collect any unpaid fines; (k) a description of

the potential consequences should the violator continue or repeat the violation; and (l) the name andsignature of the code compliance officer or other authorized agent who issued the AdministrativeCitation (the “citing officer”).

8.30.050. Form of Administrative Citation. An Administrative Citation may be in letter formor any other form which adequately conveys the information set forth in Section 8.30.040.

8.30.060. Service of Administrative Citation. An Administrative Citation may be served inany of the following ways: (a) by personal delivery to the violator; (b) if the violator is being chargedfor violations occurring at a business operating within the City, and the violator is the owner or anemployee of the business, the citation may be served by causing a copy of said citation to be sent by certified mail, postage prepaid, return receipt requested to the address shown on any permit orlicense issued by the City to said business; or (c) by causing a copy of said citation to be sent by certified mail, postage prepaid, return receipt requested, to an address otherwise known to the citing officer. The failure of any such person to receive a copy of the Administrative Citation shall notaffect the validity of any proceedings or actions taken under this Title. Service by certified mail in themanner herein provided shall be affixed to the copy of the Administrative Citation and retained by the citing officer.

8.30.070. Completion of service of Administrative Citation. Service of an AdministrativeCitation which is personally served shall be deemed completed at the time of such personal service.Service of an Administrative Citation which is served by mail is deemed completed on the date saidcitation is deposited in the mail.

8.30.080. Appeal of Administrative Citation. Any recipient of an Administrative Citation may contest that there was a violation or that he or she is the party responsible for committing the

violation by filing a complete and proper appeal of the Administrative Citation with the citing officer

pursuant to this Chapter 8.30.8.30.090. Form for filing of appeal. All appeals from any administrative citation shall be in writing and shall contain the following information: (a) name(s) of each appellant, (b) a brief statement in ordinary and concise language of the specific items protested, together with any material facts claimed to support the contentions of the appellant, (c) a brief statement in ordinary and concise language of the relief sought and the reasons why the Administrative Citation should berescinded, modified or otherwise set aside, and (d) the signatures of all parties named as appellantsand their mailing addresses. Any appeal filed that fails to provide all of the information required by this Section shall be deemed incomplete.

8.30.100. Time in which to file appeal. A complete and proper appeal of an AdministrativeCitation as described in this Chapter 8.30 shall be filed with the citing officer within ten (10)

calendar days from the date that service of the Administrative Citation was completed pursuant toSection 8.30.070. Any appeal not timely filed shall be rejected.8.30.110. Fee for filing of appeal. A filing fee as established by City Council resolution or any

amendments thereto for an appeal of an Administrative Citation must be paid to the City at or priorto the time of the filing of such appeal. Any appeal of the Administrative Citation filed withoutpayment of the filing fee shall be deemed incomplete.



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8.30.120. Incomplete filing. Not later than ten (10) calendar days from the date the appeal isfiled the citing officer or his or her designee shall determine whether the appeal is complete. If theappeal is determined to be incomplete, the citing officer or his or her designee shall immediately mail to the appellant a Notice of Incomplete Filing which shall provide a written explanation of eachreason why the appeal has been determined to be incomplete. If service of the Notice of Incomplete

Filing is completed within ten (10) calendar days from the date the appeal is filed, the time period within which to file a completed appeal of an Administrative Citation shall be extended by anadditional 5 calendar days.

8.30.130. Failure to file proper appeal. Failure to timely and properly file an appeal from an Administrative Citation shall constitute a waiver of all rights to an administrative appeal hearing andadjudication of the Administrative Citation or any portion thereof. The determination that the

violation occurred and that the violator was responsible for the violation shall be deemed final onthe date that service of the Administrative Citation is deemed completed pursuant to Section8.30.070.

8.30.140. Processing and conducting of appeal. The appeal of any Administrative Citationshall be processed in accordance with the provisions of this Chapter 8.30 and conducted inaccordance with the provisions of Municipal Code Chapter 8.31.

8.30.150. Stay pending appeal. Enforcement of any Administrative Citation {except for violations requiring immediate abatement due to immediate threats to public health and safety} shallbe stayed during the pendency of the appeal.

8.30.160. Time in which to pay fine; Demand for Payment; Notice of Decision andCompliance Order.(a) After an Administrative Citation becomes final due to the failure to file a timely and properappeal, the Code Compliance Manager or other authorized agent shall prepare a Demand forPayment of all applicable administrative fines. The Demand for Payment shall require the person

who was issued the Administrative Citation to pay all applicable administrative fines no later thanthirty (30) calendar days from the date the Administrative Citation was issued. The amount of thefine for which the recipient shall be responsible shall be as set forth in the Administrative Citation.

Payment of the administrative fine shall be made to the Finance Department unless otherwise statedin the Demand for Payment.(b) Where a timely and complete appeal of the Administrative Citation is filed pursuant to thisChapter and the citation is upheld, the Notice of Decision and Compliance Order issued by the

Administrative Hearing Officer shall require appellant to pay all applicable administrative fines nolater than twenty (20) calendar days from the date the Notice of Decision and Compliance Order

was issued. The amount of the fine for which the recipient shall be responsible shall be as set forthin the Administrative Citation. Payment of the administrative fine shall be made to the FinanceDepartment unless otherwise stated in the Demand for Payment.

8.30.170. Contents of Demand for Payment. The Demand for Payment shall include all of

the following, which shall be consistent with the information contained in the AdministrativeCitation: (a) the name of the person(s) responsible for payment of the administrative fines; (b) thedate of issuance of the Administrative Citation and the street address or a definite description of thelocation where the violation occurred; (c) the amount of the administrative fine which shall beimmediately due and payable; (d) the place where the fine must be paid; and (e) a description of theprocess by which the City may collect any unpaid fines. The Demand for Payment may be in letterform or any other form which conveys the information set forth in this Section.



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8.30.180. Service of Demand for Payment. The Demand for Payment shall be served uponthe person(s) responsible for payment of the administrative fines either personally or by certifiedmail, postage prepaid, return receipt requested, at their address as it appears on the last equalizedassessment roll of the county or as otherwise known to the citing officer or authorized agent. If anaddress of any such person does not appear on the last equalized assessment roll or is not otherwise

known to the citing officer, then a copy of the Demand for Payment shall be addressed to suchperson(s) and mailed to the address of the subject premises. The failure of any such person toreceive a copy of the Demand for Payment shall not affect the validity of any proceedings or actionstaken under this Chapter. Service by certified mail in the manner herein provided shall be affixed tothe copy of the Demand for Payment and retained by the citing officer.

8.30.190. Completion of service. Service of the Demand for Payment which is personally served shall be deemed completed at the time of such personal service. Service of a Demand forPayment which is served by mail is deemed completed on the date said Demand for Payment isdeposited in the mail.

8.30.200. Proof of service. Proof of service of the Demand for Payment shall be certified atthe time of service by a written declaration under penalty of perjury executed by the personseffecting service, declaring the date and manner in which service was made. The declaration,together with any receipt card returned in acknowledgment of receipt by certified mail shall beaffixed to a copy of Demand for Payment and retained by the citing officer.

8.30.210. Appeal of administrative fine. Any party contesting the imposition of theadministrative fine(s) may seek judicial review of the imposition of the fine(s) by filing an appealpursuant to California Government Code Section 53069.4, subdivision (b) (1) after said party hasexhausted all available administrative remedies.

8.30.220. Attorneys’ fees. The prevailing party in any proceeding conducted pursuant to thisChapter and associated with the abatement of a public nuisance or correction of any code violationor other issues as set forth herein shall be entitled to recover reasonable attorneys' fees and costsincurred in any such proceeding.

Chapter 8.31 ADMINISTRATIVE CITATION APPEAL HEARING PROCESS Sections:8.31.010. Applicability of Administrative Appeal Hearing procedures.8.31.020. Duties of Administrative Hearing Officer.8.31.030. Limitations on authority of Administrative Hearing Officer.8.31.040. Obtaining an Administrative Hearing Officer.8.31.050. Scheduling the Administrative Appeal Hearing.8.31.060. Preparation and form of Notice of Administrative Appeal Hearing.8.31.070. Time for and method of service of Notice of Administrative Appeal Hearing.8.31.080. Proof of service of Notice of Administrative Appeal Hearing.

8.31.090. Report and recommendation.8.31.100. Admissibility of evidence at Administrative Appeal Hearing.8.31.110. Rights of parties at Administrative Appeal Hearing.8.31.120. Failure to attend Administrative Appeal Hearing.8.31.130. Hearing Officer’s Determination on Appeal.8.31.140. Duty to prepare and serve Notice of Decision and Compliance Order.8.31.150. Time in which to serve Notice of Decision and Compliance Order.



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8.31.160. Form of Notice of Decision and Compliance Order.8.31.170. Service of Notice of Decision and Compliance Order.8.31.180. Effective date of Notice of Decision and Compliance Order.8.31.190. Failure to obey Notice of Decision and Compliance Order.8.31.200. Attorneys fees.

8.31.010. Applicability of Administrative Appeal Hearing procedures. The procedures adopted in this Chapter for the selection of Administrative Hearing Officersshall not replace, substitute for, or in any way affect the administrative hearing board processescreated by the California codes, uniform codes and national codes adopted by the City and theadministrative hearings provided by such codes shall be treated separate and apart from the

Administrative Appeal Hearing procedures adopted herein.8.31.020. Duties of Administrative Hearing Officer. The Administrative Hearing Officer

("Hearing Officer") shall conduct all Administrative Appeal Hearings of any timely and properly filed appeal from an Administrative Citation pursuant to the procedures set forth in this Chapter8.31. The Hearing Officer shall review all evidence, documents, and written testimony and hear alloral testimony submitted by the parties and render all decisions and findings in writing to theappellant with a duplicate copy to the citing officer. The Hearing Officer may decide to uphold the

Administrative Citation, rescind the citation in part or in its entirety, and/or reduce the amount or waive payment of the administrative fine.

8.31.030. Limitations on authority of Administrative Hearing Officer. The Hearing Officer'sauthority to hear and consider appeals shall be limited to passing on only those appeals pertaining tomatters within his or her subject matter jurisdiction. The Hearing Officer shall consider at thehearing on the appeal only those matters or issues which are specifically raised by the appellant in hisor her appeal and which are relevant to the issues of the hearing. The Hearing Officer shall not havethe authority to waive any requirements of the Municipal Code and/or any applicable statutes, rules,codes or regulations, except as otherwise provided in this Chapter 8.31.

8.31.040. Obtaining an Administrative Hearing Officer.(a) Within five (5) business days after the City has determined that a timely and complete

appeal of an Administrative Citation has been filed, the citing officer or his or her designee shallprovide written notice by first class mail or facsimile to the Lake County Bar Association/MediationProgram requesting a neutral Hearing Officer.

(b) As soon as practicable, the Lake County Bar Association will provide to the citing officerand the person or entity who filed the appeal, a randomly selected disinterested Hearing Officer.

8.31.050. Scheduling the Administrative Appeal Hearing. Once the Hearing Officer isselected, the citing officer or his or her designee shall contact the Hearing Officer to schedule a date,time, and location for the Administrative Appeal Hearing. The Administrative Appeal Hearing shallbe scheduled as soon as practicable but allowing sufficient time for providing notice of the hearing.8.31.060. Preparation and form of Notice of Administrative Appeal Hearing. Once the date, timeand place for the Administrative Appeal Hearing is determined, the citing officer or his or her

designee shall prepare a Notice of Administrative Appeal Hearing ("Hearing Notice"), which shallbe in substantially the same form as follows:"You are hereby notified that a hearing will be held before the

Administrative Hearing Officer at _________________ on the ____ day of ______________, ________, at the hour of ______ to hearyour appeal of the Administrative Citation served upon you. Youmay be present at the hearing. You may be, but need not be,



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represented by an attorney. You may present any relevant evidence atthe hearing and you will be given a full opportunity to cross-examineall witnesses testifying against you."

8.31.070. Time for and method of service of Notice of Administrative Appeal Hearing. Theciting officer or his or her designee shall cause a copy of Hearing Notice to be provided to each

appellant either by causing a copy of said Notice to be delivered to each appellant personally or by causing a copy of said Notice to be delivered by certified mail, postage prepaid, return receiptrequested, and addressed to each appellant at the address shown on the appeal.

8.31.080. Proof of service of Notice of Administrative Appeal Hearing. Proof of service of the Hearing Notice shall be certified at the time of service by a written declaration under penalty of perjury executed by the persons effecting service, declaring the date and manner in which service

was made. The declaration shall be affixed to a copy of the Hearing Notice and retained by theciting officer or his or her designee.

8.31.090. Report and recommendation. The citing officer shall prepare an administrativehearing packet for the Hearing Officer to review prior to the hearing. The packet shall include acopy of the written appeal and any supporting documents, a copy of the Administrative Citation, astaff report if any, and any other evidence relevant to the violation(s).

8.31.100. Admissibility of evidence at Administrative Appeal Hearing. At the Administrative Appeal Hearing, the Hearing Officer shall review all evidence, documents, and written testimony and hear all oral testimony offered either in support of appellant’s claim or in support of the

Administrative Citation, provided such evidence and testimony is relevant to the issues of thehearing. The Hearing Officer has the authority to determine the relevance of any evidence to theissues of the hearing. The Hearing Officer also has the authority to exclude unduly repetitious andcumulative evidence, regardless of its relevancy.

8.31.110. Rights of parties at Administrative Appeal Hearing. Each party appearing at thehearing shall have the following rights: (a) to call and examine witnesses; (b) to introducedocumentary and physical evidence; (c) to cross-examine opposing witnesses; (d) to impeach any

witness regardless of which party first called the witness to testify; (e) to rebut evidence; and (f) to be

represented by anyone who is lawfully permitted to do so.8.31.120. Failure to attend Administrative Appeal Hearing. If the appellant fails to attend thescheduled Administrative Appeal Hearing, the hearing will proceed without appellant and he or she

will be deemed to have waived his or her rights to be orally heard at the Appeal Hearing.8.31.130. Hearing Officer’s Determination on Appeal. Following the appeal of an

Administrative Citation, the Hearing Officer may decide to uphold the Administrative Citation,establish a modified schedule for compliance, overturn some or all of the findings of the citing officer and/or rescind the citation in part or in its entirety, and/or reduce the amount or waivepayment of the administrative fine. In the event the Hearing Officer determines to rescind the

Administrative Citation in its entirety, the recipient of the Administrative Citation shall not berequired to pay the administrative fine imposed by said citation and the appeal fee shall be refunded.

8.31.140. Duty to prepare and serve Notice of Decision and Compliance Order. TheHearing Officer shall sign their decision and then provide same to City staff who will then prepareand serve a written Notice of Decision and Compliance Order (“Decision and Compliance Order”)upon each appellant and the citing officer following the Administrative Appeal Hearing. Thedecision of the Hearing Officer shall be final, except as otherwise provided by this Chapter.

8.31.150. Time in which to serve Notice of Decision and Compliance Order. The Hearing Officer shall serve the written Notice of Decision and Compliance Order to each appellant within



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twenty (20) calendar days from the date the hearing is deemed closed. The Hearing Officer shall alsoprovide or cause to be provided a copy of the Decision and Compliance Order to the citing officer.

8.31.160. Form of Notice of Decision and Compliance Order. The Decision andCompliance Order for an Administrative Citation shall state whether the Administrative Citation hasbeen either upheld, in full or in part, or rescinded, in full or in part. In addition, the Decision and

Compliance Order shall contain a brief summary of the evidence considered, findings of fact, adetermination of the issues presented, the effective date of the decision, and a Compliance Order, if applicable, which shall specifically describe the actions which shall be required to be taken to remedy the code violations indicated in the Decision and Compliance Order and shall require the actions tobe completed within a specified time period and by a specified deadline. In addition, the Decisionand Compliance Order shall contain a Compliance Order, if applicable, which shall require the

Administrative Citation recipient to pay all applicable administrative fines no later than twenty (20)calendar days from the date of issuance of the Notice of Decision and Compliance Order. Theamount of the fine for which the recipient shall be responsible shall be as set forth in the

Administrative Citation. Payment of the administrative fine shall be ordered to be made to theissuing department or division unless otherwise directed by the City.

8.31.170. Service of Notice of Decision and Compliance Order. The Hearing Officer shallcause a copy of the Notice of Decision and Compliance Order to be provided to each appellanteither by causing a copy of the Decision and Compliance Order to be delivered to each appellantpersonally or by causing a copy of said Decision and Compliance Order to be delivered to eachappellant by certified mail, postage prepaid, return receipt requested, and addressed to appellant atthe address shown on the appeal. A copy of the Decision and Compliance Order shall also beprovided to the citing officer.

8.31.180. Effective date of Notice of Decision and Compliance Order. The effective date of the Hearing Officer’s Notice of Decision and Compliance Order shall be as stated therein or, if none provided, the date of the Decision and Compliance Order.

8.31.190. Failure to obey Notice of Decision and Compliance Order.(a) Failure to obey a Notice of Decision and Compliance Order shall be deemed a separate

infraction/violation for purposes of this Section. A fourth violation and subsequent violations of this Section within a twelve (12) month period shall be deemed a misdemeanor.(b) If, after the Notice of Decision and Compliance Order becomes final, the person(s) to whom theDecision and Compliance Order is directed shall fail, neglect or refuse to obey such order, the CodeCompliance Manager or other authorized agent may: (a) cause such person to be prosecuted for aninfraction violation for the offense of contempt of the Hearing Officer’s Decision and ComplianceOrder and/or(b) institute any appropriate administrative or legal action or proceeding necessary to gaincompliance.(c) For each day that the person(s) to whom the Decision and Compliance Order is directed fails,neglects or refuses to obey such order, a new offense is committed.

8.31.200. Attorneys fees. The prevailing party in any proceeding conducted pursuant to this Chapter and associated

with the abatement of a public nuisance or correction of any code violation or other issues as setforth herein shall be entitled to recovery of attorneys' fees incurred in any such proceeding.

8.31.210. Lien/Collection. Recovery of penalties and costs.



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(a) Administrative penalties and abatement costs shall be a debt to the city and subject to allremedies for debt collection as allowed by law.

(b) When a violation involves privately owned real property and the abatement costs and penaltiesare unpaid within the prescribed time set forth in the applicable order, the amount of such costs and

penalties may be recorded as a lien upon and against the real property or collected as specialassessments without further hearing.

(c) In addition to any other means of enforcement, the city attorney is authorized to bring a civilaction against the responsible party for collection of administrative penalties and abatement costs inany court of competent jurisdiction.

Section 2. Severability.

If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reasonheld invalid or unconstitutional, such decision shall not affect the validity of the remaining portions

of this ordinance.

The City Council hereby declares that it would have passed this and each section, subsection, phrase,or clause thereof irrespective of the fact that any one or more sections, subsections, phrases, orclauses be declared unconstitutional on their face or as applied.

Section 3. Effective Date.

This ordinance shall become effective 30 days after the date of adoption.

Section 4. Posting/Advertising.

The City Clerk shall cause this ordinance to be published and/or posted within fifteen days after itsadoption.

This ordinance was introduced before the City Council of the City of Lakeport at a regularmeeting thereof on the 5th day of February 2013, by the following vote:

AYES: Mayor Engstrom, Council Members Mattina, Parlet, Scheel, and Spillman

NOES: None

ABSENT: None

ABSTAINING: None



Attachment 1

This Ordinance was duly enacted by the City Council of the City of Lakeport at a regularmeeting thereof on the 19th day of February 2013, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINING:

_________________________________

THOMAS ENGSTROM, Mayor

ATTEST: APPROVED AS TO FORM:

_____________________________ _________________________________

KELLY BUENDIA, Deputy City Clerk STEVEN J. BROOKES, City Attorney

021913 lakeport city council agenda packet

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