AGENDA

REGULAR MEETING OF THE LAKEPORT CITY COUNCIL

Tuesday, Febuary 19, 2013 City Council Chambers, 225 Park Street, Lakeport, California 95453
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 the City Council. This rule does not apply to public hearings. Non-timed items may be taken up at any unspecified time.

I. II. III.

CALL TO ORDER & ROLL CALL: PLEDGE OF ALLEGIANCE: ACCEPTANCE OF AGENDA: Urgency Items:

6:00 p.m.

Move to accept agenda as posted, or move to add or delete items. To add item, Council is required to make a majority decision that an urgency exists (as defined in the Brown Act) and a 2/3rds determination that the need to take action arose subsequent to the Agenda being posted.
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 from the Consent Agenda for discussion under the regular Agenda. Removed items will be considered following the Consent Calendar portion of this agenda.

IV.

CONSENT AGENDA:

A. B. C. D. E. V.

Ordinances: Warrants: Minutes: Building Permit Report Professional Services Contract

Waive reading except by title, of any ordinances under consideration at this meeting for either introduction or passage per Government Code Section 36934. Approve warrant register from February 7, 2013. Approve minutes of the regular City Council meeting of February 5, 2013. Review and file Building Permit Reports from January 2013. Authorization to contract with Wilda Shock for economic development services for the City of Lakeport. Adopt an Ordinance revising the regulations related to the placement and construction of secondary accessory dwelling units in the Citys residential zoning districts. Adopt 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 Code establishing and Administrative Citation Policy and correlating appeal procedure.

PUBLIC HEARING A. B. Secondary Accessory Dwelling Units Administrative Citation Ordinance

VI.

COUNCIL BUSINESS: A. City Manager 1. South Main Street Annexation

Give staff direction regarding a letter from LAFCO requesting meeting between City of Lakeport and County of Lake.

VII.

CITY COUNCIL COMMUNICATIONS: A. Miscellaneous Reports, if any: Pursuant to Government Code 54956.9(b), Anticipated Litigation Adjourn

VIII. IX.

CLOSED SESSION: ADJOURNMENT:

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 Clerks Office at 225 Park Street, Lakeport, California, during normal business hours. Such documents are also available on the City of Lakeports website, www.cityoflakeport.com, subject to staffs 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 in this meeting. The public should contact the City Clerks 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.

City Council Agenda of February 19, 2013

Page 2

_______________________________________ Kelly Buendia, Deputy City Clerk

Tuesday, Febuary 5, 2013 City Council Chambers, 225 Park Street, Lakeport, California 95453
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 the City Council. This rule does not apply to public hearings. Non-timed items may be taken up at any unspecified time.

REGULAR MEETING OF THE LAKEPORT CITY COUNCIL

MINUTES

I.

CALL TO ORDER & ROLL CALL:

II. III. IV.

PLEDGE OF ALLEGIANCE: ACCEPTANCE OF AGENDA: CONSENT AGENDA: A. B. C. Ordinances: Warrants: Minutes:

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, Kenny Parlet, Martin Scheel, and Marc Spillman present. Attorney Michael Gogna attended as Acting City Attorney for the meeting to answer the council's legal questions The Pledge of Allegiance was led by Bob Bridges. A motion was made by Council Member Spillman, seconded by Council Member Parlet, and unanimously carried by voice vote to accept the agenda as presented. Waive reading except by title, of any ordinances under consideration at this meeting for either introduction or passage per Government Code Section 36934. Approve warrant register from January 9, 2013 and January 23, 2013. Approve minutes of the regular City Council meeting of January 15, 2013 and the special City Council meeting of January 22, 2013. A motion was made by Council Member Mattina, seconded by Council Member Scheel, and unanimously carried by voice vote to approve the Consent Agenda as posted. Lieutenant Ferguson of the Lakeport Police Department introduced the new Police Volunteer, John Norcio. Mr. Norcio will be assisting in the Department with various administrative duties. Planning Services Manager Britton presented the Staff Report and introduced 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 Code establishing and Administrative Citation Policy and correlating appeal procedure. Mayor Engstrom opened the Public Hearing at 6:17p.m. There was no public testimony. Mayor Engstrom closed the Public Hearing. A motion was made by Council Member Scheel, seconded by Council Member Mattina, and unanimously carried by voice vote to introduce an ordinance adding Chapters 8.30 and 8.31 Administrative Citation and Appeals Procedures to the City of Lakeport Municipal Code and set a second reading/public hearing for February 19, 2013 at 6:00 p.m. Lakeport Police Chief Brad Rasmussen presented the Staff Report and introduced a draft Ordinance of the City Council of the City of Lakeport enacting Chapter 17.38 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 would need to make findings on this Zoning Ordinance and ensure that it is consistent with the City of Lakeport General Plan. Mayor Engstrom opened the Public Hearing at 6:22 p.m.

Vote on Consent Agenda

V.

PUBLIC PRESENTATIONS/REQUESTS: A. Presentation from Police Chief

VI.

PUBLIC HEARING A. Administrative Citation Ordinance

B.

Marijuana Ordinance

City Council Minutes of February 5, 2013

Page 2

VII.

COUNCIL BUSINESS: A. Finance Director 1. Budget Adjustment

Ron Green spoke on behalf of the Emerald Unity Coalition in opposition of the ordinance. 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 Member Scheel, 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 Council Members, two stakeholders, two community members and necessary staff. Kim Beall and Howard Holtz volunteered to serve on the committee.

B.

Chief of Police 1. Request for an additional police officer position

Finance Director Buffalo presented the Staff Report summarizing the Budget Amendment for review. A motion was made by Council Member Parlet, seconded by Council Member Spillman, and unanimously carried by voice vote to approve Budget Amendment, Fiscal Year 2012-13, as recommended by staff. Chief of Police Rasmussen presented a Staff Report requesting the Council to allocate additional funding to the 2012/2013 Police Department budget in order to increase the total number of full time sworn personnel by one officer and to commit 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 Member Parlet, and unanimously carried by voice vote to authorize staff to hire the additional officer under the funding plan presented in the Staff Report. Planning Services Manager Britton presented a report and recommendations of the ad hoc Mobile Catering Ordinance Review Committee for the Councils consideration. Joseph DiDonato, owner of Hey, Hot Dog spoke in favor of the Committees recommendations. A motion was made by Council Member Mattina, seconded by Council Member Spillman, and unanimously carried by voice vote to accept the ad hoc Mobile Vending Committee recommendations as set forth in the February 5, 2013 City Council staff report; with direction to staff to prepare an amendment to Municipal Code Chapter 5.20 and incorporate the recommended changes and details regarding the time waiver application for consideration by the City Council at a later date. City Engineer Harter gave a history of the project which was proposed to install curbs, gutters and sidewalks on Hartley Drive. The design work took an excessive amount of time and then came in at much higher costs than originally anticipated. Staff worked with the understanding that work could be completed by the end of the fiscal year June 30, 2013. Staff was made aware recently that the deadline was actually April 1, 2013. Staff recommended withdrawing the application and submitting the project under a new grant process.

C.

Planning Services Manager 1. Report and Recommendation from the Mobile Catering Ordinance Review Committee

D.

City Engineer 1. Safe Routes to School Project

VIII.

CITY COUNCIL COMMUNICATIONS:

City Council Minutes of February 5, 2013

Page 3

A.

Miscellaneous Reports, if any:

IX. X.

CLOSED SESSION: ADJOURNMENT:

Council Member Spillman had nothing to report. Council Member Mattina attended the LAFCO meeting, and received a letter from 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 the absence of City Attorney Brookes. She also reminded the Council of the Strategic Planning session on February 22, 2013. There was no Closed Session due to the absence of City Attorney Brooke. Mayor Engstrom adjourned the meeting at 8:45 p.m.

Attest:

Approved:

_______________________________________ KELLY BUENDIA, Deputy City Clerk

_______________________________________ THOMAS ENGSTROM, Mayor

CITY OF LAKEPORT
City Council City of Lakeport Municipal Sewer District

STAFF REPORT
RE: Building Permit Report SUBMITTED BY: Community Development Department PURPOSE OF REPORT: Information only Discussion Action Item MEETING DATE: 02/19/2013

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 for Fiscal Year 2012/2013 for the Building Department: Number of Permits Construction Value Permit Revenue SUGGESTED MOTIONS: Receive and file monthly Building Permit Report for January 2013. Attachments: Monthly Building Permit Report for January 2013 90 $6,680,902.32 $67,612.38

Meeting Date: 2/19/2013

Page 1

Agenda Item #IV.D.

CITY OF LAKEPORT
City Council City of Lakeport Municipal Sewer District

STAFF REPORT
RE: Contract for Economic Development Services SUBMITTED BY: Margaret Silveira, City Manager PURPOSE OF REPORT: Information only Discussion Action Item MEETING DATE: 2/19/2013

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 the reduction of two and half positions in CDD, certain responsibilities previously assigned to Knoll have been disbursed to other persons. One important responsibility that requires reassignment is economic development. DISCUSSION: Staff is recommending that the City enter into a contract with Wilda Shock to assist the City with economic development. Wilda Shock has an extensive background in economic development with previous employment 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 current chair of the City's Lakeport Economic Development Advisor Committee (LEDAC); she also sits on the economic development committee of the Main Street Association. Having Wilda's experience and historical knowledge of Lakeport and Lake County makes her an important asset 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 Comments: SUGGESTED MOTIONS: Authorize the City Manager to enter into a contract for consulting services with Wilda Shock
Meeting Date: 2/19/2013 Page 1 Agenda Item #IV.E.

Account Number: 110-1050-930-000

Attachments:

Attachment 1: Contract with Consultant, Wilda Shock

Meeting Date: 2/19/2013

Page 2

Agenda Item #IV.E.

Attachment 1

CITY OF LAKEPORT
CONSULTANT AGREEMENT
This Agreement is made and entered into this 19th day of February, 2013, by and between the CITY OF LAKEPORT, hereinafter referred to as CITY, and WILDA SHOCK, hereinafter referred to as CONSULTANT. WHEREAS, the CITY has determined that it is necessary to hire an independent contractor to provide the CITY with economic development services; and WHEREAS, the CITY has determined that this need involves the performance of professional and 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 technical services required by CITY. . NOW, THEREFORE, the CITY and CONSULTANT, in consideration herein described, mutually agree as follows: SCOPE OF SERVICES 1. CONSULTANT shall perform consulting services of a limited nature as described below. A. B. C. D. E. Coordinate the economic development as needed to complete said tasks. Complete any reports in accordance with the policies of the CITY of Lakeport. Serve as liaison with LEDAC, LMSA, including current membership on the Economic Restructure Committee; establish contacts with Lakeport business community; Report with regular frequency to City Council, creating more visibility for the Citys economic development efforts/programs; Assist with the development of a regional entity to foster collaboration, cooperation, communication within Lake County and work with relevant local and other existing or emerging groups

Attachment 1

Payment Terms 2. The CITY agrees to pay CONSULTANT on an hourly basis at a rate of ($35.00) Dollars per hour. Not to exceed $700 per month. Payment shall be made upon submittal of an invoice to the CITY specifying hours and dates worked. Payment by the CITY shall be made within 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. All persons employed by CONSULTANT in connection with this Agreement shall not be an agent or employee of the CITY. CONSULTANT and the CITY agree to use reasonable care and diligence to perform their respective services under this Agreement. Unless herein specified, neither CONSULTANT nor the CITY shall be responsible for the services of the other or any subcontractor. CONSULTANT shall use reasonable care and diligence to comply with applicable Federal, State, and Local laws in the performance of work under this Agreement. 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 property damage. Proof of CONSULTANTS insurance will be provided to CITY. Miscellaneous 6. During the performance of this Agreement, CONSULTANT will not discriminate against any property owner, contractor, worker, or employee because of race, religion, creed, national origin, sex, or age. CONSULTANT shall comply with the provisions of the Workers Compensation Laws of the State of California. All reports and other documents prepared by CONSULTANT pursuant to this Agreement shall become and remain the property of the CITY. Any modification of such documents by the CITY, or reuse of the documents without CONSULTANTS prior consent, shall be at the CITYS sole risk. Basic notes, computations, or other data under this Agreement shall be made available to the CITY. 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 to CONSULTANT. The CITY shall pay CONSULTANT for all work performed through the date of termination within thirty (30) days of the date of any termination.

4. 5.

7. 8.

9.

10. If CONSULTANT materially breached the terms of this Agreement, the CITY shall have any of the following remedies: A. Immediately terminate the Agreement. 2

Attachment 1 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 all services and expenses performed to the date of termination. CONSULTANT shall have no liability for costs or damages to the CITY resulting from termination of this Agreement caused by material breach of the CITY. 12. This Agreement is binding upon the CITY and CONSULTANT and their successors. Except as otherwise provided herein, neither the CITY nor CONSULTANT shall assign, sublet, or transfer the interests in this Agreement, or any part thereof, without the prior written consent of the CITY. 13. The Lakeport City Manager Margaret Silveira is designated as the CITYS 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 cooperate with matters regarding this Agreement so that the performance of the work may be accomplished in a timely and expeditious fashion. 14. The laws of the State of California shall govern the rights, obligations, duties, and liabilities of this Agreement, as well as the interpretation of the Agreement. Venue is agreed to lie exclusively in Lake County. CITY OF LAKEPORT

__________________________________ Margaret Silveira, CITY Manager

_____________________________ WILDA SHOCK

CITY OF LAKEPORT
City Council Lakeport Redevelopment Agency City of Lakeport Municipal Sewer District

STAFF REPORT
RE: Second Reading and Adoption of an Ordinance to revise the regulations related to the placement and construction of secondary accessory dwelling units in the Citys residential zoning districts. SUBMITTED BY: Andrew Britton, Planning Services Manager PURPOSE OF REPORT: Information only Discussion Action Item MEETING DATE: 02/19/2013

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 Citys Zoning Ordinance (Title 17, Lakeport Municipal Code) to revise the regulations relating to the placement and construction 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 was directed 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 extensive background and discussion regarding the proposed changes to the Citys second unit regulations, including the Planning Commissions recommendation to adopt the proposed Ordinance. DISCUSSION: The proposed Ordinance is also attached to this report (Exhibit 2) and is the same document that was introduced to the Council in January. OPTIONS: 1. Approve and adopt proposed Ordinance _____ (2013) revising the regulations related to the placement and construction of secondary accessory dwelling units in the Citys 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 1

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 expansion fees, and property tax increases are a possibility. SUGGESTED MOTION: Move that the City Council adopt Ordinance____ (2013) amending Title 17 of the Lakeport Municipal Code 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: 02/19/2013

Page 2

Agenda Item #V.A.

Exhibit 1

CITY OF LAKEPORT
City Council Lakeport Redevelopment Agency City of Lakeport Municipal Sewer District

STAFF REPORT
RE: Introduction of an Ordinance to revise the regulations related to the placement and construction of secondary accessory dwelling units in the Citys residential zoning districts. SUBMITTED BY: Andrew Britton, Planning Services Manager PURPOSE OF REPORT: Information only Discussion Action Item MEETING DATE: 01/15/2013

WHAT IS BEING ASKED OF THE CITY COUNCIL/AGENCY/BOARD: The City Council is asked to: 1.) Introduce the proposed Ordinance, which will amend the Citys Zoning Ordinance (Title 17, Lakeport Municipal Code) to revise the regulations relating to the placement and construction 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 basis rather 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 process and eliminating arbitrary, excessive, or burdensome provisions and requirements. The current regulations for the development of second units are set forth in Municipal Code Section 17.28.010 CC. The regulations address a variety of issues and include a provision indicating that the minimum lot size for a parcel that includes a standard dwelling and a second unit must be at least 9,000 square feet. City staff and the Planning Commission determined that there are many residential parcels in our 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 Citys second unit regulations in May, September and November of 2012. Please see the attached Staff Report (Exhibit 1) which was presented to the 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 related issues. In November 2012 the Planning Commission reviewed a draft Ordinance that incorporated several recommended changes to the second unit regulations, including reducing the minimum parcel size to 7,500 square feet and additional criteria that would allow construction of a second unit on parcels with less than 7,500 square feet. The Planning Commission recommended several additional minor changes which are described in the attached Minute Order (Exhibit 2). As noted in the Minute Order, the Commission also directed staff to forward the amended revised Ordinance (Exhibit 3) to the City Council for consideration.
Meeting Date: 01/15/2013 Page 1 Agenda Item #VII.B.

DISCUSSION: The Planning Commission recommended adoption of the proposed Ordinance based on the determination that the current second unit regulations, including the minimum parcel size requirement, are a barrier which limits the development of second units in Lakeport. As detailed in the Staff Report presented to the Planning Commission (Exhibit 1), the Citys General Plan discusses 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 owneroccupied parcel in a safe and quiet neighborhood. In addition, they can also allow people who have lost their 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 permit accessory 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, R2 Medium Density Residential and UR Urban Reserve zoning districts and reduces the minimum parcel size for a second unit from 9,000 square feet to 7,500 square feet. Second units may be allowed on parcels with less than 7,500 square feet subject to the approval of a Use Permit by the Planning Commission and conformance 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 Citys 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 further discussion. 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 expansion fees, 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 units and 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

Meeting Date: 01/15/2013

Page 2

Agenda Item #VII.B.

EXHIBIT 2
ORDINANCE NO. XXX (2013) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKEPORT REVISING THE LAKEPORT ZONING ORDINANCE TO AMEND THE PROVISIONS RELATING TO THE PLACEMENT AND CONSTRUCTION OF SECONDARY ACCESSORY RESIDENTIAL UNITS WITHIN THE CITYS 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 for construction, 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 the regulation 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 the General Plan; and WHEREAS, the Lakeport General Plan and Housing Element include policies and other language supporting the development of Secondary Accessory Residential Units to provide additional affordable housing opportunities in Lakeport and to help meet the Citys Regional Housing Needs Allocation; and WHEREAS, the Lakeport General Plan includes policies encouraging the facilitation of infill development 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 an amendment; 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 meetings and made a recommendation to the City Council to revise the regulations to provide additional opportunities for the development of Secondary Accessory Residential Units; and WHEREAS, the City Council has determined that there is a need to incorporate recommended amendments 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 hundred square feet of land area subject to Performance Standards set forth in Chapter 17.28.

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 hundred square 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. Section 17.04.030 (R-1 Low Density Residential 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 hundred square feet of land area subject to Performance Standards set forth in Chapter 17.28.

D.

E.

Section 17.04.050 (R-1 Low Density Residential District Regulations, Uses Permitted Subject To a Use Permit) 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 hundred square 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 the Lakeport Zoning Ordinance shall be amended as follows: H. One secondary accessory residential unit on a parcel with at least seven thousand five hundred square 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 a Use 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 hundred square 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 and shall 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 hundred square 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 singlefamily dwelling located on the site. 6. The secondary accessory residential unit may be either attached to the existing dwelling or detached 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 the rear or side of the existing single-family dwelling so that it is clearly secondary or incidental to the primary single-family residential unit. 8. The architectural style and construction materials used in the secondary accessory residential unit shall generally conform to those existing on the primary residential unit in terms of building height,

Ordinance XXX (2013)

Page 2

roof style, roof materials, siding, windows, doors, siding and trim colors, and other architectural details. 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 no covered parking for the existing dwelling. 10. The minimum lot size for a parcel that contains a primary and secondary accessory residential unit shall be seven thousand five hundred square feet. a. A secondary accessory residential unit may be approved by the Planning Commission (Use Permit) and constructed on an existing parcel with less than seven thousand five hundred square feet if the unit meets the following criteria: (1) The provision of exceptional architectural design, including a high level of architectural compatibility with the existing single family dwelling; or (2) Off-street parking is provided in excess of the combined minimum requirements for both the primary and secondary accessory dwellings; or (3) New right-of-way improvements (including, but not limited to curb, gutter, and sidewalk) are installed along the street frontage(s) of the subject property; or (4) The property owner enters into a written agreement with the City stipulating that the secondary accessory residential unit shall be rented to Low Income, Very Low Income or Extremely 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 a minimum 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 rental affordability agreements are encouraged. 11. Sewer expansion fees shall be collected in conjunction with the construction/development of all new 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 meter is 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 the following revised definition: Residential Second Unit means a single-family dwelling constructed after or concurrent with another single-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 prepare environmental documents under the California Environmental Quality Act (CEQA). The City Council finds that the project is categorically exempt under the CEQA Guidelines, which include classes of projects determined not to have a significant effect on the environment and which are, therefore, exempt from the provisions of CEQA. The Ordinance (project) is exempt under CEQA Guideline Section 15303 which exempts the construction of single-family residences and second units. The improvement of an existing area associated 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
Ordinance XXX (2013) Page 3

limited to Subsection (b), which relates to cumulative impacts and Subsection (c) which relates to unusual circumstances) 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, or clause thereof irrespective of the fact that any one or more sections, subsections, phrases, or clauses be declared 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 APPROVED AS TO FORM: _________________________________ STEVEN J. BROOKES, City Attorney

ATTEST: _____________________________ KELLY BUENDIA, Deputy City Clerk

Ordinance XXX (2013)

Page 4

CITY OF LAKEPORT
City Council City of Lakeport Municipal Sewer District

STAFF REPORT
RE: Administrative Citation Ordinance SUBMITTED BY: Steven Brookes, City Attorney PURPOSE OF REPORT: Information only Discussion Action Item MEETING DATE: 02/19/2013

WHAT IS BEING ASKED OF THE CITY COUNCIL/AGENCY/BOARD: The City Council is being asked to: 1.) Adopt the proposed ordinance establishing an Administrative Citation 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 when abatement 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 or agreements. This would be available for use as with most City code violations as well as in matters such as failing to comply with terms of a Project Conditions Agreement. This ordinance was introduced at the February 5, 2013 meeting. DISCUSSION: The City establishes rules and regulations for living and doing business within city limits. Currently, the Citys 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. The proposed administrative citation ordinance would allow staff to issue administrative citations for violations of the City Rules and Codes. Typically, enforcement of violations of City Code results in the issuance of a Notice of Violation, which consists of identifying the specific tasks that needed to be done and a time frame for compliance. In most cases this type of corrective notice is sufficient; however, there are situations where stronger enforcement actions become necessary. Under the existing City Code, code violations may be criminally charged as infractions or misdemeanors. Prosecution through the Court system is costly, time consuming, and requires significant 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 that court 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 circumstances arise in connection with enforcement of other requirements of City Codes. The proposed ordinance would provide an alternative to criminal prosecution of code violations and other existing tools. Staff believes there are some circumstances where this could be a more effective tool to promote compliance with the City Code. The attached ordinancewould allow the City to impose administrative fines of not more than $100.00 for a first violation, $200.00 for a second violation, and a fine not exceeding $500.00 for each additional violation. Each day that a violation continues would be considered a separate violation of the Code. Costly court actions could be avoided except in instances where
Meeting Date: 2/19/2013 Page 1 Agenda Item #V.B.

an individual or entity refuses to respond to a citation or to an appeal officers finding that a violation has occurred. Unpaid administrative fines would be made liens against the property in violation or otherwise collected 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 procedures for appeals of citations to an impartial hearing officer. Such hearings would provide persons who believe the citation is not warranted to present their case to the hearing officer. I am suggesting using volunteer local attorneys 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 time for staff training, public education, creating the required forms and setting up the other aspects of the program. 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 believes that 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 related to 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 Procedures to the City of Lakeport Municipal Code. Attachments: Attachment 1: Ordinance adding Chapters 8.30 and 8.31 Administrative Citation and Appeals Procedures to the City of Lakeport Municipal Code

Meeting Date: 2/19/2013

Page 2

Agenda Item #V.B.

Attachment 1

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 CODE ESTABLISHING 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 Citys 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 administrative citations 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 the Municipal 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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Attachment 1

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 other authorized enforcement agent determines that an infraction or misdemeanor violation of the Municipal Code has occurred or that a violation exists which is deemed to constitute a public nuisance 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, shall be responsible for payment of an administrative fine in the amount specifically set forth in the Municipal Code and/or applicable statute, rule, code or regulation violated or, if no amount provided, in the following amounts: (a) an administrative fine in an amount not to exceed one hundred dollars ($100) for the first violation; (b) an administrative fine in an amount not to exceed two 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 an amount not to exceed five hundred dollars ($500) for the third and any subsequent violation of the same 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 to building, plumbing, electrical, or other similar structural or zoning issues that do not create an immediate danger to health or safety, shall be provided not less than ten (10) calendar days in which to correct or otherwise remedy the violation prior to the imposition of any administrative fine. For all 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 compliance officer or other authorized enforcement agent. (b) The code compliance officer or other authorized enforcement agent may extend the time in 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 offers proof that he or she has commenced taking action to correct or otherwise remedy the violation and/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 where the violation occurred; (d) the code section(s) violated; (e) a description of the violation; (f) an order
2

Attachment 1

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 a description 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 and signature of the code compliance officer or other authorized agent who issued the Administrative Citation (the citing officer). 8.30.050. Form of Administrative Citation. An Administrative Citation may be in letter form or 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 in any of the following ways: (a) by personal delivery to the violator; (b) if the violator is being charged for violations occurring at a business operating within the City, and the violator is the owner or an employee 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 or license 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 not affect the validity of any proceedings or actions taken under this Title. Service by certified mail in the manner 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 Administrative Citation 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 said citation 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 be rescinded, modified or otherwise set aside, and (d) the signatures of all parties named as appellants and 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 Administrative Citation 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 to Section 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 prior to the time of the filing of such appeal. Any appeal of the Administrative Citation filed without payment of the filing fee shall be deemed incomplete.
3

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8.30.120. Incomplete filing. Not later than ten (10) calendar days from the date the appeal is filed the citing officer or his or her designee shall determine whether the appeal is complete. If the appeal 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 each reason 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 an additional 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 and adjudication 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 on the date that service of the Administrative Citation is deemed completed pursuant to Section 8.30.070. 8.30.140. Processing and conducting of appeal. The appeal of any Administrative Citation shall be processed in accordance with the provisions of this Chapter 8.30 and conducted in accordance 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} shall be stayed during the pendency of the appeal. 8.30.160. Time in which to pay fine; Demand for Payment; Notice of Decision and Compliance Order. (a) After an Administrative Citation becomes final due to the failure to file a timely and proper appeal, the Code Compliance Manager or other authorized agent shall prepare a Demand for Payment 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 than thirty (30) calendar days from the date the Administrative Citation was issued. The amount 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 made to the Finance Department unless otherwise stated in the Demand for Payment. (b) Where a timely and complete appeal of the Administrative Citation is filed pursuant to this Chapter 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 no later 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 forth in the Administrative Citation. Payment of the administrative fine shall be made to the Finance Department 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 Administrative Citation: (a) the name of the person(s) responsible for payment of the administrative fines; (b) the date of issuance of the Administrative Citation and the street address or a definite description of the location where the violation occurred; (c) the amount of the administrative fine which shall be immediately due and payable; (d) the place where the fine must be paid; and (e) a description of the process by which the City may collect any unpaid fines. The Demand for Payment may be in letter form or any other form which conveys the information set forth in this Section.
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Attachment 1

8.30.180. Service of Demand for Payment. The Demand for Payment shall be served upon the person(s) responsible for payment of the administrative fines either personally or by certified mail, postage prepaid, return receipt requested, at their address as it appears on the last equalized assessment roll of the county or as otherwise known to the citing officer or authorized agent. If an address 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 such person(s) and mailed to the address of the subject premises. The failure of any such person to receive a copy of the Demand for Payment shall not affect the validity of any proceedings or actions taken under this Chapter. Service by certified mail in the manner herein provided shall be affixed to the 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 for Payment which is served by mail is deemed completed on the date said Demand for Payment is deposited in the mail. 8.30.200. Proof of service. Proof of service of the Demand for Payment 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, together with any receipt card returned in acknowledgment of receipt by certified mail shall be affixed 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 the administrative fine(s) may seek judicial review of the imposition of the fine(s) by filing an appeal pursuant to California Government Code Section 53069.4, subdivision (b) (1) after said party has exhausted all available administrative remedies. 8.30.220. 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 set forth herein shall be entitled to recover reasonable attorneys' fees and costs incurred 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 Officers 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 Officers shall not replace, substitute for, or in any way affect the administrative hearing board processes created by the California codes, uniform codes and national codes adopted by the City and the administrative 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 Chapter 8.31. The Hearing Officer shall review all evidence, documents, and written testimony and hear all oral testimony submitted by the parties and render all decisions and findings in writing to the appellant 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's authority to hear and consider appeals shall be limited to passing on only those appeals pertaining to matters within his or her subject matter jurisdiction. The Hearing Officer shall consider at the hearing on the appeal only those matters or issues which are specifically raised by the appellant in his or her appeal and which are relevant to the issues of the hearing. The Hearing Officer shall not have the 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 shall provide written notice by first class mail or facsimile to the Lake County Bar Association/Mediation Program requesting a neutral Hearing Officer. (b) As soon as practicable, the Lake County Bar Association will provide to the citing officer and 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 is selected, 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 shall be 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, time and 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 shall be 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 hear your appeal of the Administrative Citation served upon you. You may be present at the hearing. You may be, but need not be,
6

Attachment 1

represented by an attorney. You may present any relevant evidence at the hearing and you will be given a full opportunity to cross-examine all witnesses testifying against you." 8.31.070. Time for and method of service of Notice of Administrative Appeal Hearing. The citing 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 receipt requested, 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 the citing officer or his or her designee. 8.31.090. Report and recommendation. The citing officer shall prepare an administrative hearing packet for the Hearing Officer to review prior to the hearing. The packet shall include a copy of the written appeal and any supporting documents, a copy of the Administrative Citation, a staff 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 appellants claim or in support of the Administrative Citation, provided such evidence and testimony is relevant to the issues of the hearing. The Hearing Officer has the authority to determine the relevance of any evidence to the issues of the hearing. The Hearing Officer also has the authority to exclude unduly repetitious and cumulative evidence, regardless of its relevancy. 8.31.110. Rights of parties at Administrative Appeal Hearing. Each party appearing at the hearing shall have the following rights: (a) to call and examine witnesses; (b) to introduce documentary 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 the scheduled 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 Officers 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 waive payment 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 be required 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. The Hearing Officer shall sign their decision and then provide same to City staff who will then prepare and 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. The decision 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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Attachment 1

twenty (20) calendar days from the date the hearing is deemed closed. The Hearing Officer shall also provide 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 and Compliance Order for an Administrative Citation shall state whether the Administrative Citation has been 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, a determination 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 to be completed within a specified time period and by a specified deadline. In addition, the Decision and 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. The amount 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 the issuing department or division unless otherwise directed by the City. 8.31.170. Service of Notice of Decision and Compliance Order. The Hearing Officer shall cause a copy of the Notice of Decision and Compliance Order to be provided to each appellant either by causing a copy of the Decision and Compliance Order to be delivered to each appellant personally or by causing a copy of said Decision and Compliance Order to be delivered to each appellant by certified mail, postage prepaid, return receipt requested, and addressed to appellant at the address shown on the appeal. A copy of the Decision and Compliance Order shall also be provided to the citing officer. 8.31.180. Effective date of Notice of Decision and Compliance Order. The effective date of the Hearing Officers 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 the Decision and Compliance Order is directed shall fail, neglect or refuse to obey such order, the Code Compliance Manager or other authorized agent may: (a) cause such person to be prosecuted for an infraction violation for the offense of contempt of the Hearing Officers Decision and Compliance Order and/or (b) institute any appropriate administrative or legal action or proceeding necessary to gain compliance. (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 set forth 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 all remedies for debt collection as allowed by law. (b) When a violation involves privately owned real property and the abatement costs and penalties are 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 special assessments without further hearing. (c) In addition to any other means of enforcement, the city attorney is authorized to bring a civil action against the responsible party for collection of administrative penalties and abatement costs in any court of competent jurisdiction. Section 2. 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, or clause thereof irrespective of the fact that any one or more sections, subsections, phrases, or clauses 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 its adoption. This ordinance was introduced before the City Council of the City of Lakeport at a regular meeting 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 regular meeting 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

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