REGULAR JOINT MEETING OF THE LAKEPORT CITY COUNCIL AND THE LAKEPORT REDEVELOPMENT AGENCY

Tuesday, January 15, 2013 City Council Chambers, 225 Park Street, Lakeport, California 95453

AGENDA

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. IV.

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

4:30 p.m. - Brown Act presentation by Deputy City Clerk and City Attorney 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.

V.

CONSENT AGENDA:

A. B. C. D. VI. A.

Ordinances: Minutes: Warrants: Building Permits Report: Citizen Input:

Waive reading except by title, of any ordinances under consideration at this meeting for either introduction or passage per Government Code Section 36934. Approve minutes of the regular City Council meeting of December 18, 2012. Approve warrants as listed on Warrant Registers dated December 12, 2012 and December 19, 2012. Review and file Building Permit Reports.
Any person may speak for 3 minutes about any subject within the authority of the City Council, provided that the subject is not already on tonights agenda. Persons wishing to address the City Council are required to complete a Citizens Input form and submit it to the City Clerk prior to the meeting being called to order. While not required, please state your name and address for the record. NOTE: Per Government Code 54954.3(a), the City Council cannot take action or express a consensus of approval or disapproval on any public comments regarding matters which do not appear on the printed agenda.

PUBLIC PRESENTATIONS/REQUESTS:

B. C. VII. A.

Presentation of Certificate of Appreciation for Gazebo Renovation Presentation from Chief of Police Appeal of Planning Commission Revocation of Use Permit No. 04-05 Psalmonds Family Child Care Secondary Accessory Dwelling Units

Presentation of Certificate of Appreciation to Lakeport Rotary Club for underwriting the renovations to the Library Park Gazebo. Report on Police Volunteer Hours 2012 Consider the applicants appeal of the Planning Commission decision to revoke the Use Permit allowing the operation of a large family day care facility. Introduce an Ordinance to revise the regulations related to the placement and construction of secondary accessory dwelling units in the Citys residential zoning districts.

PUBLIC HEARING:

B.

VIII.

COUNCIL BUSINESS: A. City Clerk 1. Appointments of Liaisons to Commissions, Boards & Committees 2. Appointment to Vector Control District Board of Trustees Appoint Council members to various commissions, boards, and committees. Appoint City of Lakeports representative to the Lake County Vector Control Districts Board of Trustees to fill the vacancy created by the passing of the incumbent appointee. The appointee will serve the remainder of the term, effective January 15, 2013 and expiring at the end of 2013.

Lakeport City Council Agenda of January 15, 2013

Page 2

3. Appoint Members to the Lakeport Economic Development Committee 4. Appoint Member to the Business & Housing Loan Committee 5. Election Services B. Public Works Director 1. Westside Park Dedication

Appoint members to the Lakeport Economic Development Committee effective January 15, 2013 and expiring at the end of 2014. Appoint John Norcio to the City of Lakeport Business & Housing Loan Committee Approve resolution authorizing the City Clerk to obtain Election Services Accept the Westside Community Park Committee recommended naming of Phase 2 of the Park to the "Jane Barnes Field", and authorize staff to work with the Committee in locating the appropriate placement of the monument sign. Consider early pay-off of balance of Promissory Note owed to Mr. Chuck Witt and discuss future use of the Witt property in the event of early lease termination.

C.

City Attorney 1. Witt Lease-Note Payoff

IX. X. XI. XII.

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

_______________________________________ Kelly Buendia, Acting City Clerk

MINUTES REGULAR MEETING OF THE LAKEPORT CITY COUNCIL AND THE BOARD OF DIRECTORS OF THE CITY OF LAKEPORT MUNICIPAL SEWER DISTRICT
Tuesday, December 18, 2012

I.

CALL TO ORDER & ROLL CALL:

Mayor Mattina called the regular meeting of the City Council to order at 6:00 p.m. with Council Members Suzanne Lyons, Robert Rumfelt, Tom Engstrom present. Council Member Roy Parmentier was absent. The Pledge of Allegiance was led by Council Member Rumfelt A motion was made by Council Member Engstrom, seconded by Council Member Lyons, and unanimously carried by voice vote, with Council Member Parmentier absent, 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 minutes of the regular City Council meeting of December 4, 2012. Approve warrants as listed on Warrant Registers dated December 5, 2012. A motion was made by Council Member Engstrom, seconded by Council Member Rumfelt, and unanimously carried by voice vote, with Council Member Parmentier absent, to approve the consent agenda. A motion was made by Council Member Rumfelt, seconded by Council Member Engstrom, and unanimously carried by voice vote, with Council Member Parmentier absent, to adopt a Resolution reciting the facts of the Consolidated General Municipal Election held in the City of Lakeport on the 6th day of November, 2012, declaring the results thereof and such other matters as are provided by law. A motion was made by Council Member Engstrom, seconded by Council Member Rumfelt, and unanimously carried by voice vote, with Council Member Parmentier absent, to approve the Certificate of the County of Lakes result of the canvass (Statement of Votes) of the Consolidated General Municipal Election held on November 6, 2012, in conjunction with the Statewide General Election.

II. III.

PLEDGE OF ALLEGIANCE: ACCEPTANCE OF AGENDA:

IV.

CONSENT AGENDA: A. B. C. Ordinances: Minutes: Warrants: Vote on Consent Agenda

V.

CITY COUNCIL REORGANIZATION: A. Resolution Reciting the Facts of the Election and Declaring the Results and Approve the Certificate of Canvass

B.

Oath of Office and Certificate of Election Appointment of Mayor and Mayor Pro Tem

Deputy City Clerk Buendia administered the Oath of Office and provided Certificates of Election to newly elected Council members Kenneth Parlet, II, Martin Scheel, and Marc Spillman. The new Council was seated. Council Member Spillman nominated Council Member Engstrom for Mayor. There were no further nominations. Council Member Engstrom was appointed as Mayor with the following Aye votes: Council Member Mattina, Council Member Parlet, Council Member Scheel and Council Member Spillman. Council Member Scheel nominated Council Member Mattina for Mayor Pro Tem. There were no further nominations. Council Member Mattina was appointed as Mayor Pro Tem with the following Aye votes: Council Member Engstrom, Council Member Parlet, Council Member Scheel, and Council Member Spillman.

C.

VI.

CONSENT AGENDA: A. B. C. Ordinances: Minutes: Building Permits Waive reading except by title, of any ordinances under consideration at this meeting for either introduction or passage per Government Code Section 36934. Approve minutes of the special City Council meeting of November 29, 2012. Receive and file Building Report for November 2012

Minutes of the Lakeport City Council Meeting of December 18, 2012

Page 2

D.

Maddy Act Report Vote on Consent Agenda

Receive and file report from City Clerk in conformance with the California Maddy Act. A motion was made by Council Member Mattina, seconded by Council Member Scheel, and unanimously carried by voice vote to approve the consent agenda. Bob Bridges welcomed the new Council Members, and spoke about the need for a new marijuana ordinance. He advised the time to adopt one is prior to the growing season. Carol Hays presented the Main Street Associations Business of the Quarter Award to Paul and Barbara Breunig, and Eddie and Tina Brown of Hillside Honda.

VII.

PUBLIC PRESENTATIONS/REQUESTS: A. Citizen Input:

B.

Presentation of Awards for Holiday Decorating Contest

Barbara Breunig presented the following winners of the 2012 holiday decorating contest: Business: Sanduccis Cottage (First Place), Rocky Point Care Center (Second Place); Residence: Bussard family (First Place), Domagalski family (Second Place). Finance Director Buffalo and City Engineer Harter answered Council questions before yielding the floor for public comments. David Meek of Meek Construction commented that the amount of insurance required by the City is prohibitive for local contractors, but otherwise was in favor of the Ordinance. Nancy Ruzicka spoke in favor of hiring local vendors. A motion was made by Council Member Mattina, seconded by Council Member Parlet, and unanimously carried by voice vote to adopt an Ordinance of the City Council of the City of Lakeport, California, adding Chapter 3.050 Uniform Cost Accounting of the Lakeport Municipal Code establishing informal bidding procedures under the Uniform Public Construction Cost Accounting Act (Section 22000, et seq. of the California Public Contract Code).

VIII.

PUBLIC HEARING: A. Ordinance adopting the State of California Uniform Construction Cost Accounting Policy

IX. X.

COUNCIL BUSINESS: CITY COUNCIL COMMUNICATIONS:

There was no Council Business.

Minutes of the Lakeport City Council Meeting of December 18, 2012

Page 3

A.

Miscellaneous Reports:

City Engineer Harter welcomed the new Council Members. Chief of Police Rasmussen welcomed the new Council Members, looks forward to working with them. Public Works Director Brannigan welcomed the new Council Members and wished them a merry Christmas. Finance Director Buffalo welcomed the new Council Members. City Manager Silveira welcomed the new Council Members, and advised that there is a Dropbox folder they can check to access pertinent documents. Mayor Engstrom advised the new council members to look over a list of committees in the coming weeks and decide on which they would like to serve. Council Member Spillman thanked Council member Lyons who met with him to provide information regarding his new seat. Council Member Mattina reported on a Lake County Transit Authority meeting, on an Area Planning Commission meeting, on a Chamber of Commerce meeting. Lake Transit: Ridership is slightly down, Mt. Konocti tours were very popular. Area Planning Commission: Theyre working on a new website, name due to public misperceptions regarding their mission. Chamber of Commerce: Participation in the Light Parade is down, they welcome public input and suggestions to increase participation. She welcomed the new Council members. Council Member Parlet thanked the City department heads who conducted an orientation meeting, budget training, and assistance with I-pad. Looks forward to trying to make a difference. Will be attending training. Council Member Scheel thanked staff for being accommodating. Thanked former Council Members Rumfelt, Parmentier and Lyons, and looks forward to getting the job done.

XI.

ADJOURNMENT:

Mayor Engstrom adjourned the meeting at 7:45 p.m.

____________________________________ Kelly Buendia, Deputy City Clerk

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: 1/15/13

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 December 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 December, 2012. Attachments: Monthly Building Permit Report for December 2012 78 $6,279,536.32 $64,185.51

Meeting Date: 1/15/2013

Page 1

Agenda Item #V.D.

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

STAFF REPORT
RE: UP 04-05 / Marci Psalmonds Appeal of Planning Commission Decision to Revoke Use Permit Allowing the Operation of a Large Family Day Care Facility SUBMITTED BY: Andrew Britton, Planning Services Manager PURPOSE OF REPORT: Information only Discussion Action Item MEETING DATE: 01/15/13

WHAT IS BEING ASKED OF THE CITY COUNCIL/AGENCY/BOARD: The City Council is being asked to consider an appeal of the Planning Commission's decision to revoke the Use Permit allowing the operation of a large family day care facility at 1310 Eleventh Street. A copy of the Planning Commission Minute Order describing this action is attached to this staff report (Exhibit 1). The appeal was submitted by the Use Permit applicant who currently operates the day care facility. A copy of the appeal application is also attached as Exhibit 2. BACKGROUND: The operation of a Large Family Day Care Facility requires the approval of a Use Permit according to the Lakeport Municipal Code. A Use Permit was granted by the Planning Commission in 2004 allowing the operation of the Large Family Day Care Facility at this location. The approval was subject to several Conditions of Approval which were agreed to by the applicant. A copy of the signed Project Conditions Agreement is attached (Exhibit 3). Condition of Approval #4 of the Use Permit requires the facility operator to repair and maintain the shared private driveway that provides access to the day care facility, which is also the applicant's residence. This condition is as follows: 4. By September 1, 2004, the applicant shall make repairs to the shared driveway including pothole repair where necessary and the installation of compacted road base material in at least two turn out locations to provide an adequate all-weather surface. A plan detailing the location of the turn outs and other repairs shall be provided to the Community Development Department before the work is started. The shared driveway and the turn out areas shall be maintained by the applicant for the life of the project or until the driveway is accepted into the City of Lakeport public street system (Alden Avenue). The lack of adequate maintenance of the shared driveway has been an ongoing issue and has been the subject of complaints from the neighboring property owners who also use the shared driveway. Various correspondence related to the driveway maintenance dating back to 2006 is also attached for your reference (Exhibit 4). Until very recently, the driveway was in very poor condition and there were significant ruts, potholes, missing asphalt and road base. Exhibit 5 includes several photos of the driveway taken in early November 2012. City staff contacted the daycare providers via mail and phone and requested compliance which had
Meeting Date: January 15, 2013 Page 1 Agenda Item #VII.A.

not been attained in November 2012 when the Planning Commission reviewed the status of the Use Permit. The Staff Report recommending the revocation of the Use Permit is also attached (Exhibit 6). The Planning Commission made the appropriate determination that Condition of Approval #4 was not in compliance and revoked the Use Permit in accordance with the Citys Municipal Code. DISCUSSION: Subsequent to the Planning Commission's decision to revoke the Use Permit and after the appeal request was submitted, the applicant completed substantial improvements to the condition of the shared driveway that provides access to the day care facility. City Planning and Engineering staff visited the site on January 7, 2013 and found that the entire length of the driveway leading from Eleventh Street to the applicants residence has been improved with compacted road base material. Staff estimates that approximately 3 of road base was installed. The following photos show the current driveway conditions:

In staffs opinion the recent driveway improvements have eliminated most of the issues associated with the noncompliance of Condition of Approval #4. Based on these improvements, staff supports the approval of the applicants appeal and the reinstatement of the Use Permit allowing the operation of a large family day care facility. However, the original Condition of Approval #4 required the provision of at least two vehicle turn out areas which are to be provided with compacted road base. At the time of the recent site visit, there were two turn out areas present along the west side of the driveway; however, neither area has been adequately compacted. With respect to the lower turn out area, it appears to be lacking road base and is also a potential soil erosion and storm water quality problem due to a large volume of loose and unprotected soil. Photos of the two turn out areas are below:
Meeting Date: January 15, 2013 Page 2 Agenda Item #VII.A.

Upper turn out area

Lower turn out area

If the City Council decides to approve the applicants appeal and reinstate the Use Permit, there are some outstanding required improvements related to the provision of adequate vehicle turnout areas along with the need to provide ongoing maintenance of the shared driveway. Ongoing and regular maintenance of the driveway, particularly during the rainy season, will be required due to the topography of the driveway and the adjoining open ditches that convey storm water. Staff therefore recommends the conditional approval of the applicants appeal request subject to the following additional conditions of approval: 9. By February 1, 2013, the applicant shall provide two vehicle turn out areas along the west side of the shared driveway. The vehicle turn around areas shall be wide enough to allow two vehicles to pass (in the driveway and turn out) and shall be provided with an adequate amount of compacted road base to ensure safe traffic movements. All remaining exposed soil in the vicinity of the lower turn out area shall be covered with straw which shall be tamped/punched into the soil to ensure that it effectively minimizes any soil erosion. 10. The applicant shall submit information and details regarding the ongoing maintenance of the shared driveway to the Community Development Department. Said information shall be provided to the City on a bi-monthly basis each year between the months of October and April. The applicant is encouraged to provide photos of the driveway, invoices for materials and any other documentation related to the driveway maintenance. Staff recommends that the additional conditions of approval be incorporated into a revised Project Conditions Agreement which shall be signed by the applicant. Staff also recommends that the Use Permit allowing the operation of a large family day care facility be formally reinstated upon the execution of the revised Project Conditions Agreement. OPTIONS: Staff suggests two options: 1. Grant the conditional approval of the applicants appeal and the subsequent reinstatement of the Use Permit allowing the operation of a large family day care facility upon the execution of a revised Project Conditions Agreement as described above. The conditional approval of the appeal is based on the driveway improvements completed thus far and the applicants agreement to comply with the projects conditions of approval in the future. 2. Deny the applicants appeal and uphold the decision of the Planning Commission to revoke the Use Permit based on the fact that the applicant has not adequately maintained the driveway in violation of Condition of Approval #4 of the original Use Permit. FISCAL IMPACT: None $ Account Number:
Page 3

Comments:
Agenda Item #VII.A.

Meeting Date: January 15, 2013

SUGGESTED MOTION: Move that the City Council grant the conditional approval of the applicants appeal request and the reinstatement of the Use Permit allowing the operation of a large family day care facility at 1310 Eleventh Street subject to the execution of a revised Project Conditions Agreement which includes the additional conditions of approval set forth in the staff report. The conditional approval of the appeal is based on the driveway improvements completed thus far and the applicants agreement to comply with the projects conditions of approval in the future. Attachments:

Exhibit 1: PC Minute Order 11/14/12 Exhibit 2: Appeal Application Exhibit 3: Original Project Conditions Agreement UP 04-05 Exhibit 4: Correspondence, etc. regarding driveway maintenance Exhibit 5: Driveway photos November 2012 Exhibit 6: Staff Report to Planning Commission November 2012

Meeting Date: January 15, 2013

Page 4

Agenda Item #VII.A.

EXHIBIT 1

CITY OF LAKEPORT
Community Development Department
225 PARK STREET LAKEPORT, CALIFORNIA 95453 TELEPHONE 707.263.5613 x28 FAX 707.263.8584 E-MAIL abritton@cityoflakeport.com

November 15, 2012 Honorable Mayor & Members of the City Council City of Lakeport Dear Council Members: Please be advised of the following action taken by the Lakeport Planning Commission: MINUTE ORDER LAKEPORT PLANNING COMMISSION REGULAR MEETING (November 14, 2012) UP 04-05 / Phil & Marci Psalmonds / Use Permit Revocation: After a Public Hearing was conducted which included testimony from the applicant and a neighboring property owner, a motion was made by Commissioner Gayner that the Planning Commission revoke the Use Permit allowing the operation of a large family day care home at 1310 Eleventh Street. The motion stated that the decision to revoke the Use Permit was based on the following findings: a) the information and documentation contained in the Citys file and Staff Report on the project; b) the information and facts received at the public hearing on November 14, 2012; and c) the on-site review and observation of the driveway surface conditions conducted by Lakeport City staff member Richard Knoll over a multiple month period in July, August, September, and November of 2012 when it was determined that there are significant existing ruts, potholes, loss of asphalt and

PC Minute Order/ UP 04-05 Psalmonds Use Permit Revocation

November 15, 2012

road base in the shared driveway serving the daycare located at 1310 Eleventh Street which is in non-compliance with the condition of approval #4 imposed by the Lakeport Planning Commission in June of 2004. The shared driveway is in very poor condition and has not been continually maintained in good condition. The motion also included a request that the operator provide the City with a copy of the amended small family daycare license within 60 days of the revocation of the large family daycare use permit. The motion was seconded by Commissioner Taylor and approved by a 4-0 vote (one commissioner was absent). Respectfully submitted,

Andrew Britton Planning Services Manager Community Development Department

EXHIBIT 6

CITY OF LAKEPORT COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT

ITEM: DATE: FILE NO: APPLICANT & PROPERTY OWNER:

VI. A. November 14, 2012 UP 04-05 Phil and Marci Psalmonds 1310 Eleventh St. Lakeport, CA 95453 Richard Knoll

STAFF CONTACT:

PROPOSED ACTION AND LOCATION: Consideration of the revocation of the use permit approved in 2004 for the operation of a large family day care facility at the residence located at 1310 Eleventh Street. The subject property is further described as APN 25-102-04. GENERAL PLAN DESIGNATION AND ZONING DISTRICT: The subject property is designated Low Density Residential according to the City of Lakeport General Plan Land Use Map and is in the R-1 Low Density Residential Zoning District according to the Citys zoning map. Section 17.04.050 E. of the City's Zoning Ordinance indicates the operation of a large family day care facility is an allowable use within this zoning district subject to approval of a use permit and is also subject to the guidelines set forth in Section 17.24.110 E. of the Zoning Ordinance pertaining to the operation of a large family day care center. PROJECT DESCRIPTION: In 2004 the project proponent submitted an application for a use permit to allow the operation of a large family day care facility. In addition to the required applications, a justification statement, site plan, detailed site plan, floor plan, and color photos of the driveway area and the interior day care area were submitted.

Accessed via a shared private driveway that extends north from Eleventh Street, the subject property has street frontage along Wild Oak Court in the Rolling Oaks subdivision. The property is improved with a single family dwelling which is located in the southern portion of the site. The property is served by a circular driveway and also includes a detached carport and a fenced outdoor play area. The 20 foot wide driveway that extends from Eleventh Street and provides access to the subject property is shared with the owner/resident of 1200 Eleventh Street. The driveway has a deteriorated asphalt surface. The applicants circular driveway and parking areas are not paved but are provided with a road base/gravel surface. The application is currently licensed to provide day care for up to 14 children

CONFORMANCE WITH TITLE 17, CHAPTER 17.24.020, OF THE CITY OF LAKEPORT MUNICIPAL CODE (AUTHORITY TO GRANT USE PERMITS) The Planning Commission may approve, conditionally approve, or disapprove applications for a use permit subject to the general purposes of this ordinance, the specific purposes of the base or combining zoning district in which a development site is located, and the provisions of this chapter. The Planning Commission may impose requirements and conditions with respect to location, siting, construction, maintenance, operation, duration, and any other aspect of the use as may be deemed necessary for the protection of adjacent properties and uses and the publics health and safety. The granting of the use permit shall not exempt the applicant from complying with the requirements of the Citys building codes, other requirements of this ordinance, and other applicable City, state, or federal requirements.
As is the case with any use permit, the Planning Commission has the responsibility to determine whether or not the establishment, maintenance or operation of the proposed use will be detrimental to the health, safety, morals, comfort, and/or general welfare of persons residing or working in the neighborhood or to the City itself. In addition to the use permit criteria, the establishment of a large family day care home is subject to the standards and guidelines outlined in Section 17.24.110 F. of the Municipal Code.

The project proponent submitted an application for a use permit to allow the establishment of a large family day care home in accordance with these provisions. Conditions of approval were imposed by the Planning commission in 2004 to help insure the business remains in compliance with the applicable criteria set forth in the Zoning Ordinance including the promotion and protection of the publics health, safety, peace, morals, comfort, convenience, and general welfare. The shared driveway is a public access easement and will ultimately be incorporated into Alden Avenue which will extend between Eleventh Street and 20th Street. The shared driveway that extends north from Eleventh Street is 10 to 15 wide in most locations. Turn outs are also provided in the event that there are vehicular conflicts. The driveway widens in the vicinity of the applicants circular driveway. In 2004 the existing paved surface was in fair to poor condition and had potholes and areas where the paving was badly deteriorated. The applicant verbally indicated to the Planning Commission that she and her husband plan to fill in the potholes and provide other maintenance to the shared driveway. Staff recommended conditions of approval in 2004 that called for the continued upkeep/maintenance of the shared driveway and turn out areas as well as the applicants driveway and parking areas. The Zoning Ordinance contains specific criteria for review of applications for use permits involving the establishment and operation of a large family day care facility. The 2004 staff report addressed these criteria in detail. Findings were made at the time that the proposed location and use of the property as a large family day care facility was consistent with the objectives of the Ordinance and the purposes of the R-1 Zoning District in which the site is located. The R-1 Low Density Residential Zoning District allows large family day care facilities as a use permitted activity. Furthermore, the Citys General Plan addressed the need for day care facilities within the City The proposed establishment and operation of a large family day care facility was determined to not be detrimental to the health, safety, or welfare of persons residing or working in or adjacent to the neighborhood of the proposed use, due to the characteristics of the project site, the anticipated typical residential day care activities and provided that there is compliance with the conditions of approval. It was also indicated that should problems arise, Section 17.24.080 of the Municipal Code provides for the modification or revocation of a use permit. 3

The Planning Commission approved the use permit subject to the following conditions: 1. The applicant/owner shall sign a standard City of Lakeport Project Conditions Agreement which lists the conditions of approval and shall agree to said conditions. A copy of the signed agreement shall be returned to the City. 2. The use permit allows the operation of a large family day care facility. The total number of children present at any one time shall not exceed 14. Hours of operation of the day care facility shall not extend beyond 7:00 a.m. to 9:00 p.m. 3. The applicant shall obtain an adequate manual audible fire alarm by July 1, 2004 and the large family day care facility shall remain in compliance with the Lakeport County Fire Protection Districts regulations for the life of the project. 4. By September 1, 2004, the applicant shall make repairs to the shared driveway including pothole repair where necessary and the installation of compacted road base material in at least two turn out locations to provide an adequate all-weather surface. A plan detailing the location of the turn outs and other repairs shall be provided to the Community Development Department before the work is started. The shared driveway and the turn out areas shall be maintained by the applicant for the life of the project or until the driveway is accepted into the City of Lakeport public street system (Alden Avenue). 5. The applicant shall maintain the circular driveway and parking areas with an adequate amount of road base for the life of the project. 6. The perimeter fencing around the outdoor play area shall be continuously maintained. 7. The applicant shall maintain the area in the vicinity of the driveway entrance/exit along Eleventh Street so that a drivers vision is not obstructed by vegetation. 8. The use permit shall be reviewed by the Planning Commission for conformance with the conditions of approval if problems are noted by either staff or members of the Planning Commission or if legitimate complaints are submitted to the City.

City staff has recently reviewed the project for compliance with the conditions of approval and determined that condition 4 is not being complied with. The shared driveway has not been maintained in an acceptable fashion. There are significant ruts, potholes, and loss of asphalt and road base (see photos). Staff has made contact with the daycare providers via mail and phone and requested compliance which has not been attained. Given the circumstances it has been determined by staff that the most viable next step is to consider revocation of the use permit under the provisions of the following section of the zoning ordinance. 17.24.080 Revocation and modification. The commission may hold a hearing to revoke or modify a use permit granted pursuant to the provisions of this chapter. Ten days prior to the hearing, notice shall be delivered in writing to the applicant and/or owner of the property for which such use permit is granted. A use permit may be revoked or modified by the commission if any one of the following findings can be made: A. That circumstances have changed so that one or more of the findings contained in Section 17.24.040 can no longer be made. B. That the use permit was obtained by misrepresentation or fraud. C. That the use for which the use permit was granted had ceased or was suspended for six or more consecutive calendar months. D. That one or more of the conditions of the use permit have not been met. Finding: Based on the on-site review and observation of the driveway surface conditions conducted by Lakeport City staff member Richard Knoll over a multiple month period in July, August, September, and November of 2012, it is determined that there are significant existing ruts, potholes, loss of asphalt and road base in the shared driveway serving the daycare located at 1310 Eleventh Street which are in opposition to the condition of approval #4 imposed by the Lakeport Planning Commission in June of 2004. Said condition of approval was set forth in the City of Lakeport Project Condition Agreement and agreed to and executed by Marci Psalmonds on June 23, 2004. E. That the use is in violation of any statute, ordinance, law, or regulation.

F. That the use permitted by the use permit is detrimental to the public health, safety, or welfare or constitutes a nuisance. (Ord. 796 Att. A(part), 1999) 17.24.100 Periodic review. The commission may conduct periodic reviews of previously granted use permits. The review may be noted as a condition of approval or conducted upon a determination of necessity by the commission. Notice of the commissions intent to review a use permit shall be mailed to the applicant and/or land owner of the property for which a use permit was granted at least ten days in advance. Upon review of the facts, the planning commission may reapprove, revoke, or modify the use permit in accordance with Section 17.24.080. (Ord. 796 Att. A(part), 1999) Based on the fact that there is non-compliance with the conditions of approval and that the applicant operator has been given both proper notice of and the opportunity and time to resolve the problem, it is recommended that the use permit for the large family day care located at 1310 Eleventh Street be revoked. The result of such action is that the day care operator will not have the proper City permit to operate a large family day care business at the subject property. However it should be noted that the State of California preempts local zoning and allows the operation of small family daycare (8 or fewer children excluding the operators children) as a matter of right, with no city permit required. It is requested that the operator provide the City with a copy of the amended small family daycare license within 60 days of the revocation of the large family daycare.

SAMPLE MOTION I move that the use permit allowing the operation of a large family day care home at 1310 Eleventh Street be revoked. The Planning Commissions revocation is based on the following findings: a) the information and documentation contained in the Citys file and Staff Report on the project; b) the information and facts received at the public hearing on November 14, 2012; c) the on-site review and observation of the driveway surface conditions conducted by Lakeport City staff member Richard Knoll over a multiple month period in July, August, September, and 6

November of 2012 when it was determined that there are significant existing ruts, potholes, loss of asphalt and road base in the shared driveway serving the daycare located at 1310 Eleventh Street which is in non-compliance with the condition of approval #4 imposed by the Lakeport Planning Commission in June of 2004. The shared driveway is in very poor condition and has not been continually maintained in good condition. It is requested that the operator provide the City with a copy of the amended small family daycare license within 60 days of the revocation of the large family daycare use permit.

10

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 1

CITY OF LAKEPORT PLANNING COMMISSION

MEMORANDUM
RE: Potential Amendments to Secondary Accessory Dwelling Unit Regulations MEETING DATE: May 9, 2012

SUBMITTED BY: Andrew Britton, Planning Services Manager PURPOSE OF REPORT: Information only Discussion Commission Action

WHAT IS BEING ASKED OF THE PLANNING COMMISSION: Discussion regarding potential amendments to the Citys Secondary Accessory Dwelling Unit regulations (Lakeport Municipal Code Section 17.28.010 CC.). SUMMARY OF THE ISSUE: 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 further 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. A local government may apply quantifiable, fixed and objective standards, such as height, setback, and lot coverage requirements so the second unit will be compatible with other structures in the neighborhood. A local government may designate areas appropriate for second units based on criteria such as the adequacy of water and sewer services and the impact of second units on traffic flow. At the same time, a locality must adopt an ordinance with the intent of facilitating the development of second units in appropriate residential zones. The Citys Zoning Ordinance regulations for second units are in compliance with current State law. Second units are allowed in the Citys R-1 zoning district subject to a ministerial approval process and conformance with the following development regulations: 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.
___________________________________________________________________________________________________________ Meeting Date: May 9, 2012 Page 1 Agenda Item VI. B.

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 single-family 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 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, 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. 10. The minimum lot size for a parcel that contains a primary and secondary accessory residential unit shall be nine thousand square feet. The Citys R-2 zoning district regulations allow the development of two single family dwellings which essentially allows a second unit in addition to an existing single family dwelling. The Citys General Plan discusses the importance of second units with respect to providing additional affordable housing opportunities in our community. The Housing Element (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 unit tenants may have better access to urban amenities and transit services. Second units can also provide an opportunity for renters to enjoy the advantages of living on an owner-occupied parcel in a safe and quiet neighborhood. In addition, they can also allow people who have lost their homes to foreclosure to stay in our community as a second unit renter. One of the stated goals of the Housing Element (Goal 2, Pg. 2-2) is to facilitate and encourage the development of housing to meet the Regional Housing Needs Allocation. Related 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 Land Use Element of the General Plan also includes policies (LU 4.1 and LU 4.2, Pg. II11) which encourage the facilitation of infill development including the adoption of innovative and flexible standards that support infill development. Consistent with these General Plan goals and policies, Community Development Department staff is recommending that the minimum parcel size for the development of a second unit be reduced from 9,000 square feet to 7,500 square feet. Staff believes that
___________________________________________________________________________________________________________ Meeting Date: May 9, 2012 Page 2 Agenda Item VI. B.

the current minimum parcel size requirement is an unnecessary regulatory barrier which limits the opportunity to develop second units in our community. Staff has surveyed other California communities regarding the minimum parcel size for the development of second units in residential areas and the results are outlined in the following table:
City Ukiah Clearlake Willits Minimum Parcel Size for Second Unit 5,000 SF - interior lot 7,000 SF - corner lot Double the minimum parcel size in the residential district. 7,000 SF in R-1 District Comment

It is unlikely that this size requirement complies with State law. 6,000 SF is minimum parcel size in R-1 District Second units are not allowed on substandard sized lots that have less than the minimum parcel size required in the zoning district.

Calistoga Capitola Gilroy Fairfield Placerville

No specific minimum 5,000 SF 6,000 SF 5,000 SF 5,000 SF

This provision accommodates older parcels that are less than 6,000 SF, the minimum parcel area standard currently required. Allowed in all single-family residential districts.

Rocklin Beverly Hills San Dimas Lakewood

No specific minimum No specific minimum 10,000 SF 10,000 SF

DISCUSSION:
As detailed above, the minimum parcel size for the development of a second unit varies in different jurisdictions. Many of the surveyed cities have established the minimum parcel size to be consistent with the minimum parcel size required for all residential parcels. City staff is suggesting that the current minimum parcel size for second units in Lakeport be reduced to 7,500 square feet. The suggested parcel size would allow higher density development but would also help prevent instances where two dwelling units would not be appropriate. The 7,500 square foot requirement would also retain a lower density development pattern which is more consistent with the historical development pattern in Lakeports R-1 Low Density zoning district. It is important to note that staff completed a GIS analysis which revealed there are approximately 200 residentially-zoned parcels in Lakeport that have between 7,500 and 9,000 square feet of land area. Therefore, reducing the minimum parcel size to 7,500
___________________________________________________________________________________________________________ Meeting Date: May 9, 2012 Page 3 Agenda Item VI. B.

square feet would add approximately 200 parcels which would be eligible for the development of a second unit. As previously noted, the current minimum parcel size requirement is believed to be barrier limiting the development of second units in Lakeport. However, staff is open to further discussion if the Planning Commission believes smaller residential parcels are suitable for this type of development. The development of a second unit on parcels with less than 7,500 square feet of area could be considered if there are clear public benefits associated with a project such as exceptional architectural design; off-street parking in excess of the minimum requirements; the provision of new sidewalk/right-of-way improvements; and/or an agreement to rent the unit to low-income households. In addition to the suggested revision to the minimum parcel size requirement, staff is also considering the addition of criteria that address the payment of sewer and water expansion fees in conjunction with the development of a new second unit. The Citys second unit regulations and other related utility department policies do not specifically address this issue. Based on our survey of other jurisdictions, most cities require sewer and water expansion/impact fees for second units and in many cases the required fees are less than the fees applicable to a typical single family dwelling. Staff plans to discuss this issue with the Citys Utilities Director for further direction. At this point staff is requesting the Planning Commissions consensus to move forward with the preparation of a new ordinance that would revise the Citys second unit development regulations to reduce the minimum parcel size and possibly add provisions regarding the payment of sewer and water expansion fees. Staff is not aware that any of the other existing second unit regulations have resulted in excessive or unnecessary development barriers. OPTIONS: 1. Direct staff to initiate the preparation of a draft ordinance that incorporates the Planning Commissions recommendations regarding the development of second units in the Citys R-1 zoning district and to return the draft ordinance to the Planning Commission for formal consideration and recommendation to the City Council. 2. Choose to retain the existing development regulations for second units including the 9,000 square foot minimum parcel size. SUGGESTED MOTION: See options listed above.

Attachments

None

___________________________________________________________________________________________________________ Meeting Date: May 9, 2012 Page 4 Agenda Item VI. B.

EXHIBIT 3
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 Lakeport Redevelopment Agency City of Lakeport Municipal Sewer District

STAFF REPORT
RE: Appointment of Liaisons to Commissions, Boards, and Committees SUBMITTED BY: Kelly Buendia, Deputy City Clerk PURPOSE OF REPORT: Information only Discussion Action Item MEETING DATE: 1/15/2013

WHAT IS BEING ASKED OF THE CITY COUNCIL/AGENCY/BOARD: The Mayor is being asked to make the annual appointment of liaisons to commissions, boards, and committees. BACKGROUND: There are several commissions, committees and boards to which annual appointments are made. Some of these appointments are advisory only, and some of them require active participation. DISCUSSION: These are annual appointments that are done at the end of the calendar year and run from January through December of the coming calendar year. The following is brief information on each of the commissions/ boards/committees: Lakeport Fire Protection District: Meets the second Tuesday of each month at 6:00 p.m. at the Fire Department. One Council member and an alternate are appointed (not voting or acting members) to attend meetings and report back to the City Council. Lakeport Regional Chamber of Commerce: Board meets the third Tuesday of each month at 8:00 a.m. at Umpqua Bank. There are also monthly dinner meetings. One Council member and an alternate are appointed (not voting or acting members) to attend meetings and report back to the City Council. Lakeport Main Street Association: Meets fourth Thursday of each month at 6:00 p.m. at various locations. One Council Member is appointed (not voting or acting member) to attend meetings and report back to the City Council. Lake County/City Area Planning Council: This committee handles transportation issues and meets the second Wednesday of each month. The location alternates between the City of Lakeport Council Chambers and the Lake Transit offices in Lower Lake. Two Council members and an alternate are appointed and are active, voting members of the APC. County of Lake Solid Waste Management Task Force: This is a County committee in which we have a liaison. Typically there the City appoints one Council member and the City Manager to attend any meetings of the Task Force. Lake County Abandoned Vehicle Abatement Service Authority: This committee typically meets only one time per year in the spring to discuss the AV program. According to Rick Coel from the Lake
Page 1 Agenda Item #VIII.A.1.

Meeting Date: 1/15/2013

County Community Development Department, this will meeting will probably occur in April. The City appoints two members to sit on this committee, and they are active members. SB 621 Indian Gaming Funds Committee: This committee meets on as "as needed basis" as funding becomes available. The City appoints one active voting member and one alternate. Clear Lake Advisory Committee: Meets the fourth Friday of each month from 9:00 a.m. to 12:00 (not in November or December). The City appoints one active voting member. Local Agency Formation Commission (LAFCO): This board meets monthly, and varies its meetings between Lakeport and Clearlake. The City appoints a Council member who acts as a voting member of LAFCO. Lake County Airport Land Use Commission: This board meets only on an as needed basis when there are projects going on at the airport. They have not met in the last couple of years but the County of Lake still want to have someone appointed from the City Council should the need arise to review a project. Invasive Species Task Force Committee: Meets on monthly on a Monday TBA from 10:00 a.m. to 12:00 at the Agriculture Office. The City appoints one member as an active, voting member. Clean Water Program Committee (formerly TMDL): This board meets on a monthly basis, and the City appoints one member as an active, voting member. Oversight Board of the Former Lakeport Redevelopment Agency: This Board meets as needed. The City appoints one member as an active, voting member. Lakeport Unified School District Committee: This committee meets quarterly, TBA. The City appoints two Council members to sit on the committee and report back to Council.

OPTIONS: Make appoints to the various commissions/boards/committees as listed or give further direction. FISCAL IMPACT: None Comments: SUGGESTED MOTIONS: No motion is necessary. Attachments: List of current liaisons to commissions, boards, and committees $ Account Number:

Meeting Date: 1/15/2013

Page 2

Agenda Item #VIII.A.1.

LIAISONS TO COMMISSIONS, BOARDS, COMMITTEES

LIAISONS 2012 Lakeport Fire Protection District Lakeport Regional Chamber of Commerce Lakeport Main Street Association Council Member Parmentier Council Member Engstrom, Alt. Mayor Mattina, Alt. Mayor Mattina City Manager Council Member Engstrom 2013

LAKEPORT CITY COUNCIL EFFECTIVE JANUARY 15, 2013

APPOINTMENTS 2012 Lake County/City Area Planning Council County of Lake Solid Waste Management Task Force Lake County Abandoned Vehicle Abatement Service Authority SB 621 Indian Gaming Funds Committee Clear Lake Advisory Subcommittee Local Agency Formation Commission Lake County Airport Land Use Commission Invasive Species Task Force Committee Clean Water Program Committee Investment Committee Lakeport Unified School District Committee Oversight Board of the Former Lakeport Redevelopment Agency Mayor Mattina Council Member Parmentier Council Member Lyons, Alt. Mayor Mattina City Manager Council Member Rumfelt Council Member Rumfelt City Manager Council Member Lyons Council Member Lyons Council Member Rumfelt, Alt. Council Member Parmentier Council Member Rumfelt Council Member Rumfelt Council Member Parmentier Council Member Rumfelt Mayor Mattina Council Member Lyons Mayor Mattina City Manager 2013

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

STAFF REPORT
RE: Lake County Vector Control District Board Appointment SUBMITTED BY: Kelly Buendia, Deputy City Clerk PURPOSE OF REPORT: Information only Discussion Action Item MEETING DATE: 1/15/2013

WHAT IS BEING ASKED OF THE CITY COUNCIL/AGENCY/BOARD: The City Council is being asked to invite applicants to make a short presentation and appoint one individual to serve on the Lake County Vector Control District's Board of Trustees. BACKGROUND: The Lake County Vector Control District is a public health agency that protects Lake County residents and visitors from vectors and vector-borne diseases. The District is an independent special district that operates under the California Health and Safety Code 2000-2093, and is governed by its own board of trustees. The Lake County Vector Control District is governed by a Board of Trustees that establishes policies for the operation of the district. The Board consists of five trustees: one appointed by the City of Clearlake, one appointed by the City Lakeport, and three appointed by the County of Lake. Each trustee is appointed to serve a 2-year or 4-year term, at the discretion of the appointing authority. The City is currently unrepresented on this, as the incumbent appointee, Melford Gatton, passed away after serving since 1992. His term expires at the end of 2013. DISCUSSION: The City's seat on the Board of Trustees is currently vacant. The Council should review the applications and allow each applicant to make a short presentation detailing his/her background, interests, and why he/she would like to serve. The Council should then nominate and appoint the individual to serve on the Lake County Vector Control District Board of Trustees as set forth above. There were three applications received which are attached. OPTIONS: Choose only one member to serve or direct staff to further advertise the position. FISCAL IMPACT: None $ Account Number: Comments: SUGGESTED MOTIONS: Move to appoint one individual to the Lake County Vector Control District Board of Trustees effective January 15, 2013, and expiring at the end of 2013. Attachments:
Meeting Date: 1/15/2013

Applications for Appointment

Page 1 Agenda Item #VIII.A.2.

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

STAFF REPORT
RE: Lakeport Economic Development Committee Appointments SUBMITTED BY: Kelly Buendia, Deputy City Clerk PURPOSE OF REPORT: Information only Discussion Action Item MEETING DATE: 1/15/2013

WHAT IS BEING ASKED OF THE CITY COUNCIL/AGENCY/BOARD: The City Council is being asked to invite applicants to make a short presentation and appoint individuals to serve on the Lakeport Economic Development Committee. BACKGROUND: The Lakeport Economic Development Committee was established in December of 2010 to advise the City Council, City Manager, and Lakeport Economic Development Program staff on developing potential programs and strategies for economic development in the City, establishing and maintaining regular communication between the City and the business community, evaluating community needs and desires for economic development, and focusing on commerce solutions that enhance the quality of life for the Lakeport community. The committee consists of 11 members as well as three ex-officio members including the City Manager, the Community Development Director and the Economic Development Manager. In 2012, there were only ten members. Members are to serve two-year term, with terms commencing on January 15. DISCUSSION: The terms of five of the committee members have expired. The Council should review the applications and allow each applicant to make a short presentation detailing his/her background, interests, and why he/she would like to serve. The Council should then nominate and appoint the individuals to serve on the Lakeport Economic Development Committee as set forth above. Unfortunately, there were only four applications received. OPTIONS: Choose only four members to serve and/or direct staff to further advertise the positions. FISCAL IMPACT: None $ Account Number: Comments: SUGGESTED MOTIONS: Move to appoint four members to the Lakeport Economic Development Committee effective January 15, 2013, and expiring at the end of 2014. Attachments: Applications for Appointment

Meeting Date: 1/15/2013

Page 1

Agenda Item #VIII.A.3.

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

STAFF REPORT
RE: Lakeport Business & Housing Committee Appointment SUBMITTED BY: Kelly Buendia, Deputy City Clerk PURPOSE OF REPORT: Information only Discussion Action Item MEETING DATE: 1/15/2013

WHAT IS BEING ASKED OF THE CITY COUNCIL/AGENCY/BOARD: The City Council is being asked to appoint John Norcio to serve on the Lakeport Business & Housing Loan Committee. BACKGROUND: The City of Lakeport Business & Housing Loan Committee evaluates applications submitted for funding from the City's Business Loan Program which is funded by CDBG grants. DISCUSSION: John Norcio has volunteered to serve on the Business & Housing Loan Committee. Mr. Norcio has been an active community member and small business owner for many years. He is now retired. Staff believes that Mr. Norcio will be an excellent asset to the Committee. OPTIONS: Approve the appointment as part of consent agenda or remove for discussion. FISCAL IMPACT: None $ Account Number: Comments: SUGGESTED MOTIONS: Move to appoint John Norcio to the City's Business & Housing Loan Committee effective immediately. Attachments: Application for Appointment

Meeting Date: 1/15/2013

Page 1

Agenda Item #VIII.A.4

CITY OF LAKEPORT
City Council City of Lakeport Municipal Sewer District

STAFF REPORT
RE: Resolution Requesting Election Services to be Provided by the Lake County Elections Official SUBMITTED BY: Kelly Buendia, Acting City Clerk 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 being asked to adopt a Resolution Requesting Election Services to be Provided by the Lake County Elections Official. BACKGROUND: A local resident has proposed a rent control initiative to be voted upon by the registered voters in the City of Lakeport. As required by the elections code, the proponent has filed a Notice of Intent to Circulate Petition with the City Clerk's Office. The City Attorney has prepared a Title and Summary also in accordance with state elections code. DISCUSSION: As part of the initiative process, the proponent must circulate a petition and gather signatures of registered City of Lakeport voters. The proponent must submit at least 405 valid signatures and will likely submit more to account for invalid signatures that may be turned in. The City is then responsible to verify the signatures submitted against voter registration records held at the County Elections office. Due to shortstaffing in the City Clerk's office, it would be more efficient and cost-effective for County Elections staff to provide this service. The proponent can present the petition at any time. The City must adopt a resolution requesting election services from the County of Lake in order to move forward. A cost estimate has been requested from the Elections Office but not received at the issuance of this staff report. However, elections staff has indicated that the process would likely take approximately two days of clerical staff time, along with a few hours of management time. OPTIONS: The Council may adopt the resolution or provide alternative direction to staff. FISCAL IMPACT: None $ Two days of County staff time Account Number: 110-1010-934 SUGGESTED MOTIONS: Move to adopt the Resolution Requesting Election Services to be Provided by the Lake County Elections Official. Attachments:
Meeting Date: 01/15/2013

Proposed Resolution
Page 1 Agenda Item #VIII.A.5.

RESOLUTION NO. _____ (2013)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKEPORT REQUESTING ELECTION SERVICES TO BE PROVIDED BY THE COUNTY ELECTIONS OFFICIAL RESOLVED, by the City Council of the City of Lakeport as follows: WHEREAS, a Notice of Intent to Circulate Petition has been filed with the City Clerks office for a proposed ballot initiative; and WHEREAS, a Title and Summary have been prepared by the City Attorney in accordance with state elections code; and Staff. WHEREAS, the required validation of signatures cannot by conducted efficiently by City

NOW THEREFORE, the Lakeport City Council hereby requests election services be provided by the Lake County Registrar of Voters office related to validation of signatures for a proposed ballot initiative. The City Council agrees to reimburse the County in full for services provided upon presentation of a bill to the City. PASSED AND ADOPTED by the City Council of the City of Lakeport, County of Lake, State of California on this 15th day of January, 2013, by the following vote: AYES: NOES: ABSENT: ABSTAINING: ____________________________________ THOMAS ENGSTROM, Mayor ATTEST: ____________________________________ KELLY BUENDIA, Acting City Clerk APPROVED AS TO FORM: ____________________________________ STEVEN J. BROOKES, City Attorney

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

STAFF REPORT
RE: Naming of Westside Park Phase 2 SUBMITTED BY: Mark Brannigan, Public Works Director PURPOSE OF REPORT: Information only Discussion Action Item MEETING DATE: 1/15/2013

WHAT IS BEING ASKED OF THE CITY COUNCIL/AGENCY/BOARD: The City Council is being asked to consider the Westside Community Park Committee's recommended naming of the Phase 2 for the park. BACKGROUND: The recommended naming of Phase 2 of the Westside Community Park to "Jane Barnes Field" was first suggested by Charlie Jolin, and then approved by the committee on June 6, 2012. This decision was made by the committee because of the Keeling-Barnes family foundation being the largest private financial supporter of the park's development, and because of the leadership that Jane Barns provided to the community and youth activities. A historical background of Jane Keeling Barnes is attached in a one page bio, along with a donation history for the park. DISCUSSION: If approved, the Committee would place a monument sign like the one located on Phase 1, at a location on Phase 2 agreed upon by the Committee and City staff. OPTIONS: Move to vote on the Westside Community Park Committee recommended naming of Phase 2 to the "Jane Barnes Field" or provide direction to staff on how to proceed in the naming of Phase 2 FISCAL IMPACT: None Comments: SUGGESTED MOTIONS: Make a motion to accept the Westside Community Park Committee recommended naming of Phase 2 to the "Jane Barnes Field", and authorize staff to work with the Committee in locating the appropriate placement of the monument sign. Attachments:
Meeting Date: 1/15/2013

Account Number:

Letter to Mayor & Council, Letter to Committee, J. Barnes Bio, Donation History.
Page 1 Agenda Item #VIII.B.1

Westside Community Park Committee 1350 Berry Street, Lakeport, CA 95453

Tax ID# 68-0415643 www.westsidecommunitypark.org

January 3, 2013 Members of the Lakeport City Council 225 Park Street Lakeport, CA 95453 Dear Mayor and Members of the Council, The Westside Community Park Committee desires to name the soon to be completed playing fields in Phase 2 the, Jane Barnes Field. This name was chosen primarily for two reasons. First, Victor Barnes and later the Keeling-Barnes Family Foundation have been the largest private financial supporter of the parks development. Second, Jane Barnes was an active youth andcommunity leader. More detailed formation on both the donor history and Janes life are enclosed with this letter. The name Jane Barnes Field was first suggested by Charlie Jolin. The Westside Community Park Committee discussed and approved it. The proposal was then take to the Citys Parks and Recreation Committee where it was also approved. The Committee now seeks approval from the City Council. If approved, the Committee would place a monument sign like the one located on Phase 1 at a location on Phase 2 approved by the City Engineer and the Parks Director. Thank you for your attention to this matter. Sincerely,

Dennis A. Rollins Chairperson Enc. (3)

Westside Community Park Committee 1350 Berry Street, Lakeport, CA 95453

Tax ID# 68-0415643 www.westsidecommunitypark.org

DATE: October 12, 2012 TO: Parks and Recreation Committee FROM: Dennis A. Rollins, WCP Chairperson RE: Naming of Phase 2 At its meeting of June 6, 2012 the Westside Community Park Committee voted to name the current Phase 2 development the, Jane Barnes Field. This action was taken for the following reasons: Jane Barnes was a Lake County leader in the community, in agriculture and with young people The Keeling-Barnes Family Foundation has donated significantly to the development of the Westside Community Park Included with this memo are two supporting documents. The first is a brief biography of Jane Barnes. The second is a listing of the financial contributions by the Keeling-Barnes Family Foundation. The first donation was made in 2002 and the most recent in support of Grillin on the Green in August of this year. The Keeling-Barnes family is the largest local financial supporter of the parks development. Without the support of the Keeling-Barnes family development would not be where it is today. The Committee feels that recognition of the life of Jane Barnes and the support of her family to the park makes this dedication in her name appropriate. The Parks and Recreation Committee is being asked to vote to support this request and forward it on to the City Council for it action. Enc (2)

Jane Keeling Barnes, 1920-2001

After Royals death from polio in 1949, Jane returned to Lake County and in 1951 married Victor D. Barnes of Kelseyville. They combined their families and raised four children at The Barnes Yard, a diversified farming operation growing hay, walnuts, wine grapes, and kiwifruit on the ranch between Nice and Lucerne.

She later attended Mills College in Oakland, Santa Rosa Junior College and Healds Business College, worked for the IRS in San Francisco prior to World War II, and started her family in Lake County after the war. Jane and her first husband, Royal Dorsett, along with her father, H. Vincent Keeling, and her brother, Venn Keeling, were instrumental in the development of the Holiday Harbor/Lake Builders Supply/Texaco service station on Highway 20 in Nice during the mid-1940s. Jane and Royal were also involved in converting the Arizona desert into productive land for growing cotton, in a project sponsored by Goodyear Tire & Rubber Co., where they assumed leadership in the new agricultural community of Litchfield Park.

A fourth generation Lake County resident and descendant of pioneer families, Jane Keeling was born in Lakeport, attended local schools, and graduated from Clear Lake High School in 1937 where her interests included sports and playing saxophone in the school orchestra and marching band.

When no men were available in the mid-1950s, Jane took on coaching duties for the Lu-Ni Lions Little League baseball team, with support from the Clear Lake Lions Club members in Lucerne and Nice. Practices were held at the [now] Hinman Park in Nice, with games played at the [former] Lucerne Elementary School. Her sons, Pete and Ken, participated for several years on Little League and Pony League teams. Her daughters, Wilda and Susie, were enthusiastic attendees at the games, with Susie taking on bat girl tasks for more than one season.

While their children attended Upper Lake schools, Jane and Vic supported their involvement in sports, band, 4-H, Rainbow for Girls, DeMolay for Boys, along with other community and school activities, assisting them in achieving leadership positions. Jane attended all the sports activities at the elementary and high school and helped with refreshment stands and other fundraising projects. She was a Cub Scout leader for several years and a sewing instructor for the Nice 4-H Club.

Her other affiliations included the Order of the Eastern Star, service for over a decade as Grand Deputy for the California Grand Assembly for Rainbow Girls, charter member of the Lake County Chapter of California Women for Agriculture, and leadership roles in the Diamond Walnut Growers and the Kiwifruit Growers of California. Jane and Vic were strong and consistent supporters of youth activities and programs. Westside Community Park became a favorite philanthropic project of Vics after Janes death. He believed in its purpose and its potential value to the community at large. Vics initial donations to the Park project were solicited by Charlie Jolin, who had a long-time association with the Keeling family. The KeelingBarnes Family Foundation has continued its financial support for and encouragement of the Park development since Vics death in 2005. Wilda Shock Pete Dorsett Susie LaPointe Ken Barnes Keeling-Barnes Family Foundation 2012

Janes community involvement extended to chairing the citizens committee which supported and created the Northwest Clear Lake Regional Wastewater System dedicated in 1974, the forerunner to the Basin 2000 project and subsequent development of The Geysers for steam generation through use of treated effluent.

Keeling-Barnes Family Foundation

Donations to Westside Community Park, Lakeport 1. 10/22/2002 2. 06/12/2003 3. 06/28/2005 4. 08/08/2010 5. 08/02/2011 6. 08/08/2011 7. 08/23/2012 Park development Park development Match challenge met by community Match challenge met by community Park maintenance-oak tree Match challenge met by community Match challenge met by community TOTAL $25,000 25,000 25,000 (fundraising event) 5,000 (1st Grillin) 1,200 5,000 (2nd Grillin) 3,050 (3rd Grillin) $89,250

Compiled by Wilda Shock 8/23/2012

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

STAFF REPORT
RE: Witt Lease- Note Payoff SUBMITTED BY: SJB PURPOSE OF REPORT: Information only Discussion Action Item MEETING DATE: 1/15/13

WHAT IS BEING ASKED OF THE CITY COUNCIL/AGENCY/BOARD: A. Consideration of early pay-off of balance of Promissory Note owed to Mr. Chuck Witt. B. Discussion of future use of Witt property in the event of early lease terminition BACKGROUND: In 2007 the City purchased a five acre parcel of property contigious with City property commonly known as the Westside Park parcels. This property is improved without buildings and a modular residence where Mr. Witt formerly resided. The City will owe Mr. Witt the principal sum of $73,866.44 assuming a March 1, 2013 payoff date. The Promissory Note is being is paid off at the rate of $1,291/month and bears interest @ 4.5%. The Note is due in full on or before June 2014. As part of the purchase transaction, the City leases his former property back to Mr. Witt. As with the Promissory Note, the lease also ends in June 2014. Mr. Witt pays the City $750/month rent which is paid via a deduction of that same amount each month from the principal balance of the Promissory Note owed to him. Mr. Witt no longer resides on the property having purchased a home in Lakeport. A lot of personal property remains at the five acre parcel; some of value but most with little or none. Mr. Witt is requesting that the City pay him the remaining monies owed to him since he no longer lives at the property and is moving certain personal property to a mini storage for sale in the spring. He also wants to pay some accumulated medical bills. He is willing to vacate the property and surrender any remaining personal property left behind on the ranch to the City for sale, removal or disposal in any fashion the City deems appropriate. The Agreement would include mutual release of any claims with respect to the personal property remaining on the ranch or any matter arising from or related to the Lease and Purchase Agreement involving the property. DISCUSSION: If we accept the proposal and get full possession of the property, the modular home could serve as a rental until the piece can be fully integrated into Westside Park complex. Perhaps it could serve a residence for a "park ranger" for security at the Westside Park or as partial consideration for a City park worker. There is also the ability to store park related items in a quonset hut structure on the property. OPTIONS: Agree with the request and direct staff to draw documents to accomplish the payoff and tennancy surrender. Keep the status quo; make the required monthly payments and pay the balance that will be due in June 2014 as well as keep deducting the monthly rents until the lease expires in 2014.
Meeting Date: 1/15/2013 Page 1 Agenda Item #VIII.C.1.

FISCAL IMPACT: None $See Comments Account Number: Comments: The City will save on the 4.5% interest being paid on the balance of the note but will also lose the benefit of the deduction for rent that serves to reduce the principal owed. City could likely rent property for more than the $750 now being charged and would also have the unrestricted use for other City purposes SUGGESTED MOTIONS: Move to accept the proposal and direct staff to draw documents to accomplish the payoff and surrender of the property. Attachments:

Meeting Date: 1/15/2013

Page 2

Agenda Item #VIII.C.1.