Next Resolution Number PC 16-05

SHASTA LAKE PLANNING COMMISSION REGULAR MEETING

March 16, 2017

6:00 P.M.

Shasta Lake City Council Chambers 4488 Red Bluff Street Shasta Lake, CA 96019

COMMISSIONERS

Cherrel Kirkland, Chair Gracious Palmer, Vice Chair Darlene Brown Cheri Harrison Kerry Jarvis Heather Pearson Darrel Walter

AGENDA

1.0 CALL TO ORDER

1.1 Statement for the record of Planning Commissioners Present 1.2 Pledge of Allegiance

2.0 APPROVAL OF MINUTES/ MEETING STATUS

2.1 Approval of Minutes for the February 23, 2017 Special Planning Commission Meeting

3.0 REPORTS

3.1 Planning Commissioner’s Comments / Correspondence 3.2 Development Services Director’s Report

4.0 PUBLIC COMMENT PERIOD

Members of the public wishing to address the Commission on matters which are not listed on the Agenda may do so under the "Public Comment Period.” If your comments concern an item on the regular agenda, please address the Commission when that item is open for public comment. Comments should be limited to matters within the jurisdiction of the City. The Commission cannot take action on or discuss any matter not on the agenda other than to refer the matter to staff for follow-up if necessary.

Persons wishing to address the Commission are encouraged to complete a Speaker Request form, but the form is not required in order to speak. Forms are available at the back of the Council Chambers. Each speaker is allocated 3 minutes to speak. Speakers may not cede their time to others. If you have documents to present to the Commission, please provide a minimum of nine copies.

5.0 UNFINISHED BUSINESS NONE

6.0 PUBLIC HEARINGS

NONE

7.0 NEW BUSINESS 7.1 Code Enforcement Presentation by Building Official and Administrative Assistant

8.0 ADJOURNMENT

PLANNING COMMISSION MEETINGS

1. Members of the public wishing to address the Commission on matters which are not listed on the Agenda may do so under the "Public Comment Period.” If your comments concern an item on the regular agenda, please address the Commission when that item is open for public comment. Comments should be limited to matters within the jurisdiction of the City. The Commission cannot take action on or discuss any matter not on the agenda other than to refer the matter to staff for follow-up if necessary.

2. Persons wishing to address the Commission are encouraged to complete a Speaker Request form, but the form is not required in order to speak. Forms are available at the back of the Council Chambers. Each speaker is allocated 3 minutes to speak. Speakers may not cede their time to others. If you have documents to present to the Commission, please provide a minimum of nine copies.

3. Documents associated with the agenda are on file and available for public review. Direct inquiries to: City of Shasta Lake Planning Division, 1650 Stanton Drive, Shasta Lake, CA 96019; 530.275.7460. The agenda packet is also posted on the City’s website: www.cityofshastalake.org

4. Commission actions on tentative maps, use permits, and variances are final unless appealed to the City Council. Appeals are subject to fees and filing deadlines. Forms and instructions for filing appeals are available from the Planning Division at the address above.

5. The Commission's action on General Plan Amendments and Zoning applications that are recommended for approval are automatically scheduled for a public hearing by the City Council. If the Commission denies the application, the application is not scheduled for City Council hearing unless an interested party files a written request for such consideration. Fees and filing information are available from the Planning Division.

6. Pursuant to Government Code §65009 (b)(2), a legal challenge in court to a land use action taken by the City may be limited to only those issues raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing.

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Next Resolution Number PC 16-05

SHASTA LAKE PLANNING COMMISSION SPECIAL MEETING

MINUTES February 23, 2017

1.0 CALL TO ORDER

1.1 Acting Chair Gracious Palmer stated for the record that Planning Commissioners Heather Pearson, Kerry Jarvis, and Darlene Brown were present. Darrel Walter and Cherrel Kirkland arrived late. Cheri Harrison was absent.

1.2 Commissioner Pearson led the Pledge of Allegiance.

1.3 Chair Palmer welcomed newly appointed Planning Commissioners Heather Pearson, Kerry Jarvis, and Darlene Brown.

1.4 A motion was made / seconded (Palmer / Walter) and passed to elect Cherrel Kirkland as Chair. A motion was made / seconded (Kirkland / Walter) and passed to elect Gracious Palmer as Vice-Chair. (This item had been tabled until the remaining Planning Commissioners arrived for the meeting.)

2.0 APPROVAL OF MINUTES/ MEETING STATUS

2.1 A motion was made / seconded (Jarvis / Brown) and passed unanimously to approve the Minutes for the January 25, 2017 Special Planning Commission Meeting. The City Attorney advised that even though Commissioners may not have been present at the meeting they were still able to vote to approve the Minutes.

3.0 COMMISSIONERS’ REPORTS

3.1 Planning Commissioner’s Comments / Correspondence

Chair Palmer reported that she, Councilmember Janice Powell, and Director Farhad Mortazavi attended the February 9, 2017 workshop on biking and other transportation hosted by Go Shasta and SRTA (Shasta Regional Transportation Agency). She shared the website addresses for those agencies and encouraged everyone to check it out.

Chair Palmer also attended the most recent City Council meeting and encouraged the other Commissioners to attend those meetings.

4.0 PUBLIC COMMENT PERIOD

Chair Palmer opened the Public Comment Period. Janice Powell, City Councilmember, welcomed the new Planning Commissioners, congratulated them on their appointment to the Commission, and expressed appreciation for their commitment in service to their community.

5.0 UNFINISHED BUSINESS NONE

6.0 PUBLIC HEARINGS

NONE

7.0 NEW BUSINESS 7.2 Referral from City Council – Proposed Stipend for Planning Commissioners

This item was advanced to allow the remaining two Commissioners to participate in the complete Workshop and receive full credit for their attendance.

Attorney John Kenny commented this item came up at a City Council meeting when City Council members were discussing how valuable Planning Commissioners are. It was thought it might be a good idea to give Planning Commissioners a stipend as a sort of recognition and in some sense to absorb some of the cost they will incur in being a Planning Commissioner.

The Municipal Code used to say the Planning Commission serves without compensation and was amended by the City Council that the Planning Commission serves without compensation except that the City Council may provide a stipend by Resolution. The City Council members thought it would be good to hear from the Planning Commission as to whether they want a stipend or not.

Development Services Director Farhad Mortazavi told the Planning Commission both he and the City Manager had recommended a stipend be paid in the amount of $50.00. He explained that City Council had discussed an amount of $50.00 per attended meeting as a stipend for the Planning Commission and wanted to get the Planning Commission’s input before deciding on that amount.

Acting Chair Palmer asked for the Commissioner’s comments.

Commissioner Jarvis agreed $50.00 (fifty dollars) was a good amount and thought the stipend was a good idea.

Commissioner Brown said she accepted the position on a volunteer basis.

Commissioner Pearson agreed with accepting the $50.00 stipend.

Commissioner Kirkland (arrived during the discussion) said it could help as an incentive for new Planning Commission members and the amount was fine.

Commissioner Walter (arrived during the discussion) stated that public service is an honor and doesn’t require payment.

Commissioner Palmer favored a stipend and believed it equitable to other boards and committees. She said it would encourage young people to get involved.

The Commission voted 4 in favor, 2 against to accept the stipend. City Attorney John Kenny stated that if any of the Commissioners did not want the stipend they could notify the City Clerk to not receive the stipend.

Cherrel Kirkland assumed the Chair after the vote. She apologized for the lateness of her arrival which was due to the change in the scheduled meeting time.

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7.1 WORKSHOP – Provided by City Attorney John Kenny

Planning Commission Responsibilities / Ethics Training / Brown Act / Fair Political Practices Act

Mr. Kenny asked if the new Commissioners had been sworn in. The Administrative Assistant had obtained their written and sworn Oaths of Allegiance for Public Officers and Employees upon their arrival at the meeting.

Mr. Kenny explained to the Planning Commissioners that Ethics training is required for new members within one year of appointment and every two years thereafter by Government Code 53234.

The Brown Act requires all meetings to be Public. If a quorum is present, that is a meeting. Meetings must be preceded by Public Notice. The Commission must have a meeting to take action. Action is restricted to those items on the Agenda and for the action described. The Agenda must fairly describe what action may be taken.

The Brown Act insures the public knows when the meeting is, what will be addressed and what Staff recommends.

Commissioner Brown asked what they should do if they had questions about their packet or the Agenda before the meeting. Mr. Kenny explained they could wait until the meeting or notify staff before the meeting and Staff could present the information at the meeting.

Mr. Kenny continued Public Involvement is the right to attend the meeting and to have the same information as the commissioners, and the right to address the Commission.

He encouraged the commissioners to use staff time, make inquiries, to give staff a chance to gather the information prior to the meeting.

Mr. Kenny discussed Public Comment; motions, discussions, voting, and the purpose of a closed session. He advised closed session information remains closed to the public.

Brown Act violations carry criminal penalties if you know you are violating or know you have violated the Brown Act. It is important to exercise caution. A tool for determining a particular situation may be your capacity to act: some of your actions are adjudicative and you cannot lobby a judge, not legally; some actions are legislative and you can lobby a legislator.

Public Records Requests: not all records are public. Records which will affect third parties should not be shared.

Emails: notifications are fine or sharing information, but do not solicit responses or opinions.

Conflicts can be complex. They are governed by the Fair Political Practices Act.

Mr. Kenny went into detail regarding the various situations which would or could be considered conflicts of interest and briefly discussed incompatible (public) offices.

Some areas of clear conflict are: meeting with a public official for the purpose of influencing a government decision; hearing and voting on an issue which affects property in which you have an interest; or, the Applicant is a close family relation.

All public officers present completed a Certificate of Ethics Training.

7.3 Review of Annual Housing Progress Report to the State Department of Housing and Community Development and the Office of Planning and Research

Senior Planner Debbie Israel presented the Staff Report. The Annual Housing Progress Report is sent to the State Department of Housing and Community Development and the Governor’s Office of Planning and Development by April 1 of each year. The report is meant

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to track progress of the Implementation Programs contained in the most recent Housing Element.

Ms. Israel explained the Housing Element Update is required by the State every five years. Any new legislation passed during the interim is addressed in the next Housing Element. The Update period may be changed to 8 years in the future.

Ms. Israel went through each of the Implementation Program sections and explained what the City was doing to accomplish each program. Because the term of the Housing Element is five years the Implementation Programs – unless state required- can be completed during the Housing Element Period. Some Implementation Programs are annual and/or ongoing activities whereas some are meant to be completed within a specific timeframe.

Other Implementation Programs ask staff to pursue activities in collaboration with other public private partners. For example, we have an apartment project in process which will aid the city in meeting State RHNA (Regional Housing Needs Allocation) requirements in terms of density and low/moderate income housing. Eligibility for this housing is determined by income level.

Commissioner Palmer commended Ms. Israel’s work.

Commissioner Palmer also commented that the City needs to hire a Code Enforcement Officer.

Chair Kirkland asked if the commission could present that to City Council and went on to ask if the marijuana income went to the General Fund and if a Code Enforcement position could be funded with that revenue.

Mr. Mortazavi said there are some other issues with the funding and that a lot of cities have gone to consultants (for code enforcement) but that won’t fix things long term.

Mr. Mortazavi stated that the City is working on a new Marijuana Ordinance and that the City Manager and his staff are seriously looking at funds for Code Enforcement.

8.0 ADJOURNMENT

Chair Kirkland thanked the Commissioners for their attendance and service and adjourned the February 23, 2017, meeting of the Planning Commission at 8:46 P.M.

_________________________________ _____________________________ Farhad Mortazavi, APA DATE Development Services Director and Planning Commission Secretary

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CITY OF SHASTA LAKE PLANNING COMMISSION MEETING STAFF REPORT March 16, 2017 Staff Assigned: Steve Avery, Building Official Sandra Castello, Administrative Assistant

CODE ENFORCEMENT PRESENTATION This is an outline of the presentation . There will be a PowerPoint presentation at the meeting as well.

CITY OF SHASTA LAKE BUILDING DIVISION

CODE ENFORCEMENT PRESENTATION

Planning Commission Meeting

March 16, 2017 Current Process

1. Log the Code Enforcement Complaint and assign a Case Number.

2. Research prior violations and history of the property.

3. Inquire of Law Enforcement for prior responses to the property/area.

4. Visit the site/property; determine if a violation exists; take pictures and interview witnesses / neighbors / tenants / property owner, and fellow staff members.

5. Assess the severity of the alleged violation and determine the degree of threat to public health, safety and welfare.

6. Attempt to contact property owner(s) and outline method(s) to obtain compliance (this is where we begin to obtain voluntary compliance – our ultimate goal):

a. Attempt to contact property owner by phone to set up meeting on site.

b. If no phone number, visit the site and attempt to meet with owner / tenants.

ITEM 7.1

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c. Certified Mail - Courtesy Notice of the violation and outlining a remedy to correct the violation. If no response;

i. Certified Mail - Notice of Violation and first Administrative Citation.

ii. Certified Mail - Notice of Violation and second Administrative Citation; continues to the Fifth Citation.

iii. Depending on the level of cooperation and the severity of the property condition it may be necessary to schedule an Abatement Hearing.

iv. Follow up with property owner to insure compliance with conditions of Abatement or obtain bids for property clean-up, securing the building, and/or demolition.

Current Specific Procedure for a Dangerous Building, 8.16.100 1. The Building Official inspects or causes to be inspected any building or structure and finds and

determines that building or structure is a dangerous building.

2. Commence proceedings to repair, vacate, secure or demolish the building or commence proceedings to cause abatement of the substandard building and/or public nuisance.

3. The responsible official issues a Notice and Order directed to the record owner of the building. This Notice and Order is served by personal delivery or by certified mail, return receipt requested. If the recipient refuses to accept certified mail or cannot be personally served, substituted service may be made as set forth in the Municipal code.

4. A Notice of Pendency of Action must be recorded against the property with the County Recorder.

5. If necessary, a Notice to Vacate must be posted at the property and a copy given to the tenant / owner / occupant. The building official must specify the conditions which necessitate an immediate notice to vacate. Prior to posting a notice to vacate the building official shall obtain approval of the city attorney or his/her representative.

6. The building / structure must be posted Unsafe to Occupy.

7. If the owner elects to repair the building all required permits shall be secured and the work commenced 30 days from the date of the order.

8. If the owner elects to demolish the building, permits shall be secured not later than 30 days from the date of the order and demolition must be completed within such time as the building official deems reasonable.

9. If repairs or demolition is not commenced or completed within the time specified, the building official may order the building vacated and posted to prevent further occupancy until the work is completed or the building has been demolished.

10. Schedule an Abatement Hearing to be attended by the property owner, building official, and hearing officer.

11. Record (audio) the meeting and produce a report regarding the evidence presented at the hearing; any testimony by the property owner and building official; and, the judgment of the hearing officer.

12. Provide the conditions of the abatement and requirement to lift the violation(s).

13. Any person having record title or legal interest in the building may appeal to the abatement hearing officer in writing and filed with the building official within 30 days from the date of the order; and

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14. Failure to appeal will constitute a waiver of all rights to an administrative hearing and final determination of the matter.

15. Failure to perform the abatement action(s) and satisfy conditions of the abatement will result in the filing of a Notice and Non-Compliance.

16. If conditioned by the hearing officer, the building official may commence abatement on the property and a Cost Recovery hearing may be scheduled.

17. If the hearing officer determines the City may recover abatement costs, the property owner will be notified and an Abatement Lien will be filed against the property.

This is one example and there are some other processes which deal with other issues.

Administrative Citations

1. The Development Services Director is currently composing the Administrative Citation Ordinance.

2. The Administrative Citation Ordinance will allow the City to administer the entire process replacing the existing referral to Shasta County for process.

Develop Community Relationships

1. Our number one goal is to obtain voluntary compliance.

2. Motivate our citizens to care for their community and personal property.

3. Connect property owners and tenants with services and organizations which can assist them in achieving compliance and improving the condition of their properties.

a. City of Shasta Lake Housing program funds for Rehabilitation Loans, administered by Shasta County

b. City of Shasta Lake Municipal Utility: information for Thrash the Trash

c. Shasta Lake Lions Club

d. Shasta County Legal Aid

e. Self Help Home Improvement Program (SHHIP)

f. H.E.A.P. – Home Energy Assistance Program

Goals 1. Create a position for a full time Code Enforcement Officer.

2. Implement the to-be-adopted Administrative Citation process.

3. Clear the backlog of open/unresolved Code Enforcement cases.

4. Recover Abatement Liens.

5. Reorganize Code Enforcement procedures.

What we enforce

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4 Public health, safety and welfare; Building Code Violations; and Zoning Code Violations including but not limited to:

1. Flood and fire damage.

2. Illegal occupancy;

a. Transient occupancy of a vacant single family dwelling or commercial building.

b. RV occupancy on vacant lot.

c. Illegal camping on vacant lot and improved parcels.

3. Operation of a business without a business license.

4. Work or new construction without a building permit.

5. Power theft.

6. Tenant complaints (property conditions).

7. Trash and debris.

What we do not enforce Property boundaries

Disputes between landlords and tenants

Parking violations (including obstruction of a roadway)

Abandoned vehicles

Marijuana (penal code violations)

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