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AGENDA

REGULAR MEETING OF THE LAKEPORT CITY COUNCIL

(ALSO MEETS AS THE CITY OF LAKEPORT MUNICIPAL SEWER DISTRICT, THE LAKEPORT INDUSTRIAL
DEVELOPMENT AUTHORITY, THE MUNICIPAL FINANCING AGENCY OF LAKEPORT and THE SUCCESOR
AGENCY TO THE LAKEPORT REDEVELOPMENT AGENCY)

Tuesday, June 21, 2016


City Council Chambers, 225 Park Street, Lakeport, California 95453

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

CLOSED SESSION:

5:30 P.M.
1.

I.

CALL TO ORDER & ROLL CALL:

II.

PLEDGE OF ALLEGIANCE:

III.

ACCEPTANCE OF AGENDA:
Urgency Items:

IV.

V.

VI.

CONFERENCE WITH LABOR NEGOTIATOR (Gov. Code 54957.6): Name


of City Negotiator to Attend Closed Session: Rick Haeg and
Administrative Services Director Kelly Buendia; Employee Organization:
All units.
2. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov. Code
54956.8): Property Address: Utility Easement concerning 818 Lakeport
Blvd, Lakeport (APN 025-472-05); Agency Negotiator: Margaret Silveira,
City Manager; Negotiating Parties: City of Lakeport and Matt Riveras;
Under Negotiation: Price and Terms of Payment
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.

CONSENT AGENDA:

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

A.

Ordinances:

Waive reading except by title, of any ordinances under consideration at this


meeting for either introduction or passage per Government Code Section 36934.

B.

Minutes:

Approve minutes of the regular City Council meeting of June 7, 2016, and the
Special Meeting of June 7, 2016.

C.

Warrants:

Approve the warrant register of June 8, 2016.

D.

Application 2016-016:

Approve Application No. 2016-016 with staff recommendations for the Kiss My
Clear Lake Bass event to be held in Library Park, on July 24, 2016.

E.

Application 2016-002 (Amended):

Approve amendment to Application No. 2016-002 for the Lakeside Car and Boat
Show to reserve parking in the lot adjacent to City Hall.

F.

Application 2016-017:

Approve Application No. 2016-017 with staff recommendations for the


Shakespeare by the Lake event.

G.

Ordinance Adoption: Solicitation


Ordinance

Adopt the proposed Ordinance adding Chapter 5.24 of Title 5 of the Lakeport
Municipal Code regulating solicitation.

H.

Summer Concert Series:

Approve the amended MOU with Bicoastal Media for the production of the
Summer Concert Series.

PUBLIC PRESENTATIONS/REQUESTS:
A.

Citizen Input:

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.

B.

Presentation: Annual Report

Receive and file the 2015 Annual Report.

PUBLIC HEARING:

City Council Agenda of June 21, 2016

VII.

A.

Delinquent Utilities Ordinance: Water

Sitting as the Lakeport City Council, conduct a public hearing and adopt the
proposed ordinance amending Section 13.04.060 of Chapter 13.04 of Title 13 of
the Lakeport Municipal Code regarding delinquent water charges.

B.

Delinquent Utilities Ordinance: Sewer

Sitting as the Board of Directors of the CLMSD, conduct a Public Hearing and
adopt the proposed ordinance amending Section 13.20.360 of Chapter 13.20 of
Title 13 of the Lakeport Municipal Code regarding delinquent sewer charges.

C.

Utility Rate Adjustment:

Conduct a Public Hearing and adopt the proposed resolution amending


Resolution 2486 (2013) and Resolution 2478 (2013) establishing sewer rates,
fees and charges to delay the date of monthly service charge increases.

COUNCIL BUSINESS:
A.

Administrative Services Director:


1.

B.

C.

Approve a new classification for a Public Works Director/ City Engineer with a
salary range Exempt 5 earning $7,542 to $9,167 per month.

2016 Fireworks Operational


Plan:

Receive and file the 2016 Illegal Fireworks Police Operation Plan.

City Manager
1.

FY 2016/17 Budget Adoption


and Appropriations Limit

Adopt the recommended budget for the City of Lakeport and its component
units, and authorize the City Manager to expend the appropriations found
therein for the fiscal year 2016-17.

CITY COUNCIL COMMUNICATIONS:


A.

IX.

Reclassification: City
Engineer/Public Works Director

Police Chief:
1.

VIII.

Page 2

Miscellaneous Reports, if any:

ADJOURNMENT:

Adjourn

Materials related to an item on this Agenda submitted to the Council after distribution of the agenda packet are available for public inspection in the City 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.
The City of Lakeport, in complying with the Americans with Disabilities Act (ADA), requests individuals who require special accommodations to access, attend and/or
participate in the City meeting due to disability, to please contact the City Clerks Office, (707) 263-5615, 72 hours prior to the scheduled meeting to ensure reasonable
accommodations are provided.

_______________________________________
Hilary Britton, Deputy City Clerk

MINUTES

NOTICE AND CALL OF SPECIAL MEETING


OF THE LAKEPORT CITY COUNCIL
Tuesday, June 7, 2016
5:00 p.m.

CLOSED SESSION:

Mayor Spillman called the special meeting to order at 5:04


p.m., and adjourned to closed session for the following item:
Conference with Legal Counsel; Anticipated Litigation (Gov.
Code 54956.9(d)(2) & (d)(3))
A point has been reached where, in the opinion of the City
Council on the advice of its legal counsel, based on the
below-described existing facts and circumstances, there is a
significant exposure to litigation against the City: Statement
made at an open meeting of City (Gov. Code 54956.9(e)(4)):
Name of Person: Paul B. Albritton.
Nature of Specific Matter: Appeal of Verizon Wireless
Application UP 14- 04, AR 14-12, CE 14-24
Number of potential cases: one (1)

REPORT OUT OF CLOSED SESSION:

Mayor Spillman advised there was no reportable action out


of closed session.

ADJOURNMENT:

Mayor Spillman adjourned the special meeting at 5:30 p.m.

____________________________________
Marc Spillman, Mayor
ATTEST:

____________________________
Kelly Buendia, City Clerk

MINUTES

REGULAR MEETING OF THE LAKEPORT CITY COUNCIL

(ALSO MEETS AS THE CITY OF LAKEPORT MUNICIPAL SEWER DISTRICT, THE LAKEPORT INDUSTRIAL DEVELOPMENT AUTHORITY, THE
MUNICIPAL FINANCING AGENCY OF LAKEPORT and THE SUCCESOR AGENCY TO THE LAKEPORT REDEVELOPMENT AGENCY)

Tuesday, June 7, 2016

CLOSED SESSION:

REPORT OUT OF CLOSED SESSION:

Mayor Spillman called the meeting to order at 5:30 p.m., and adjourned to
closed session for the following items:
1. CONFERENCE WITH LABOR NEGOTIATOR (Gov. Code 54957.6): Name
of City Negotiator to Attend Closed Session: Rick Haeg and
Administrative Services Director Kelly Buendia; Employee Organization:
All units.
2. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov. Code
54956.8): Property Address: Utility Easement concerning 818 Lakeport
Blvd, Lakeport (APN 025-472-05); Agency Negotiator: Margaret Silveira,
City Manager; Negotiating Parties: City of Lakeport and Matt Riveras;
Under Negotiation: Price and Terms of Payment
Mayor Spillman advised there was no reportable action out of closed session.

I.

CALL TO ORDER & ROLL CALL:

Mayor Spillman called the regular meeting of the City Council of the City of
Lakeport to order at 6:05 p.m. p.m. with Council Member Turner, Council
Member Parlet, Council Member Mattina and Council Member Scheel present.

II.

PLEDGE OF ALLEGIANCE:

The Pledge of Allegiance was led by Councilmember Scheel.

III.

ACCEPTANCE OF AGENDA:

A motion was made by Council Member Scheel, seconded by Council Member


Mattina, and unanimously carried by voice vote, to accept the agenda as posted.

Urgency Items:
IV.

There were no urgency items.

CONSENT AGENDA:
A.

Ordinances:

Waive reading except by title, of any ordinances under consideration at this


meeting for either introduction or passage per Government Code Section 36934.

B.

Minutes:

Approve minutes of the regular City Council meeting of May 17, 2016.

C.

Warrants:

Approve the warrant register of May 25, 2016.

D.

Application 2016-015:

Approve Application No. 2016-015 with staff recommendations for the Lake
County Arts Council and the Main Street Art Gallery for the Spring Bazaar to be
held in and around the Yacht Club on June 11, 2016.

E.

Traffic Safety Advisory Committee:

Adopt a Resolution of the Lakeport City Council setting forth the terms of the
Traffic Safety Advisory Committee.

F.

Ordinance Introductions: Delinquent


Utility Accounts:

Sitting as the Lakeport City Council, initiate proceedings and set a public hearing
date for June 21, 2016 for the consideration of:
1.

A proposed ordinance amending Section 13.04.060 of Chapter 13.04 of


Title 13 of the Lakeport Municipal Code regarding delinquent water
charges.

Sitting as the Board of Directors of the CLMSD, initiate proceedings and set a
public hearing date for June 21, 2016 for the consideration of:
1.

Vote on Consent Agenda:

A proposed ordinance amending Section 13.20.360 of Chapter 13.20 of


Title 13 of the Lakeport Municipal Code regarding delinquent sewer
charges.

A motion was made by Council Member Scheel, seconded by Council Member


Turner, and unanimously carried by voice vote, to accept items A, C, D, E, F on
the consent agenda.

City Council Minutes of June 7, 2016

Page 2

Due to his absence from the meeting of May 17, 2016, Mayor Spillman abstained
from the vote on item B. A motion was made by Council Member Mattina,
seconded by Council Member Parlet, and unanimously carried by voice vote, with
Mayor Spillman abstaining, to accept item B Minutes of May 17, 2016.
V.

PUBLIC PRESENTATIONS/REQUESTS:
A.

Citizen Input:

Melissa Fulton thanked staff and the City Council for their assistance with the
Memorial Day Parade. Ms. Fulton also explained the Kiss My Clear Lake Bass
fundraiser with Martin Scheel as a candidate to kiss a bass.
Carole Brown spoke about a drainage issue at 455 First Street and requested that
the city allocate funds to add storm drain pipe at the corner. Community
Development Director advised that he had spoken with Public Works staff and
that they will be cleaning out the ditch and bringing it back to its optimal working
condition, so the flow should be improved.
Dale Minjack spoke about the flyer distributed by Lakeport Disposal regarding
the surcharge for overfilled garbage cans. He requested more oversight of
Lakeport Disposal.
Jeff Ott spoke against the three minute limitation on public speaking.

VI.

PUBLIC HEARING:
A.

Solicitation Ordinance:

The staff report was presented by Chief Rasmussen.


Mayor Spillman opened the Public Hearing at 6:29 p.m.
Richard Grahn and Frank Dollosso spoke in favor of the ordinance and permitting
process.
Nathan Maxman, Gary Munch, Jeff Markham, David Howard, Reverend Shannon
Kimbell-Auth, Taylor Johnson, Meg Harper, Pastor Randy Brehms, Mary Kay
Hauptman, Jeannie Markham, Jo Gossett, James Kuzyk, David Howard, Kirsten
Barquist, and Jeff Ott spoke in opposition of the proposed ordinance.
Mayor Spillman closed the Public Hearing at 7:45 p.m.
Council Member Turner suggested to amend section 5.24.070 Term of Permit to
read the city manager may issue a permit valid for more than 30 calendar days,
but in no event shall a permit be valid for more than a year.
A motion was made by Council Member Turner, seconded by Council Member
Mattina, and unanimously carried by voice vote, to adopt the proposed
Ordinance adding Chapter 5.24 of Title 5 of the Lakeport Municipal Code
regulating solicitation as amended.

B.

CDBG Program Income Use:

The staff report was presented by City Manager Silveira.


Mayor Spillman opened the Public Hearing at 8:39 p.m.
No comment was offered from the public.
Mayor Spillman closed the Public Hearing at 8:39 p.m.
A motion was made by Council Member Mattina, seconded by Council Member
Scheel, and unanimously carried by voice vote, to adopt the proposed resolution
approving the additional Supplemental Activity to the 2014-CDBG-9883 grant for
the use of additional business assistance loan funds.

VII.

COUNCIL BUSINESS:
A.

City Clerk:
1.

Resolution Calling for General


Municipal Election and
Requesting Approval for
Election Services

The staff report was presented by City Clerk Buendia.


A motion was made by Council Member Scheel, seconded by Council Member
Mattina, and unanimously carried by voice vote, to adopt a Resolution calling for
and providing for, and giving notice of the General Municipal Election to be held

City Council Minutes of June 7, 2016

Page 3

in the City of Lakeport, County of Lake, State of California, on the 8th Day of
November, 2016, for the purpose of electing three (3) City Council Members,
each to hold office for a term of four years, or until their successors are elected
and qualified, requesting consolidation of that election with the State General
Election and requesting approval of the Lake County Board of Supervisors for
election services to be provided by the County Elections Official.
B.

City Manager
1.

Sales Tax Measure:

The staff report was presented by City Manager Silveira. Miranda Everett from
FM3 presented survey results.
A motion was made by Council Member Parlet, seconded by Council Member
Mattina, and unanimously carried by voice vote, to authorize staff to move
forward with vendor selection and work on a public education and outreach
project, and authorize an increased budget appropriation from the general fund
reserve in the amount of $25,000.00 to fund it.

VIII.

CITY COUNCIL COMMUNICATIONS:


A.

Miscellaneous Reports, if any:

City Manager Silveira stated that Granite Construction is donating two large
banners stating that businesses are open during the downtown project.
City Attorney Ruderman reported he will not be attending the next Council
meeting.
Finance Director Buffalo announced the budget will be presented at the next
meeting.
Chief Rasmussen invited the Council to attend a swearing in on Monday at 9:00
a.m.
Community Development Director Ingram reported the downtown construction
project is underway and that staff has not received any complaints.
City Clerk Buendia had no report.
Council Member Turner had no report.
Council Member Mattina had no report.
Council Member Parlet had no report.
Council Member Scheel had no report.
Mayor Spillman thanked Council Member Turner for her work at Westside Park.

IX.

ADJOURNMENT:

Mayor Spillman adjourned the meeting at 9:11 p.m.

_______________________________________
Marc Spillman, Mayor
Attest:

____________________________________
Kelly Buendia, City Clerk

CITY OF LAKEPORT
Over 125 years of community
pride, progress and service

June 8, 2016

I hereby certify that the attached list of warrants has been audited,
extensions are proper, purchase orders have been issued, and department
heads have been given the opportunity to review and sign claim forms.

______________________________
Daniel Buffalo
Finance Director

225 PARK STREET LAKEPORT, CALIFORNIA 95453 TELEPHONE (707) 263-5615 FAX (707) 263-8584

Check Register
Packet: APPKT00207 - 06-08-16 WARRANTS

Lakeport, CA

By Check Number
Vendor Number
Payment Date
Vendor Name
Bank Code: AP BANK-AP BANK
2642
06/08/2016
3M
00371
06/08/2016
ALPHA ANALYTICAL LABORATORIES
00109
06/08/2016
ARAMARK UNIFORM SERVICES
2351
06/08/2016
AT&T
06/08/2016
**Void**
2536
06/08/2016
BROWER CONSTRUCTION
1039
06/08/2016
CALIF POLICE CHIEFS' ASSN.
2555
06/08/2016
CITY OF LAKEPORT PETTY CASH
2483
06/08/2016
CODE PUBLISHING
2032
06/08/2016
CODE SOURCE
2188
06/08/2016
COUNTY OF LAKE - INFO TECH
1095
06/08/2016
COUNTY OF LAKE-AUDITOR
2779
06/08/2016
CRESCO EQUIPMENT RENTALS
1883
06/08/2016
DEBRA ENGLAND
0331
06/08/2016
DEEP VALLEY SECURITY
3214
06/08/2016
EMPIRE INSIGNIAS
1080
06/08/2016
FED EX
3082
06/08/2016
HANSEN GROCERY INC.
2393
HARTFORD RETIREE PREMIUM ACCT 06/08/2016
2514
06/08/2016
INDUSTRIAL ELECTRIC MOTORS
2627
06/08/2016
IT'S ABOUT TIME, INC
3215
06/08/2016
JAMES STEWARD
00151
06/08/2016
KATHY FOWLER CHEVROLET
1198
06/08/2016
LAKEPORT MAIN STREET ASSN.
2043
06/08/2016
LEXIS NEXIS RISK SOLUTIONS
00354
06/08/2016
MEDIACOM
2356
06/08/2016
MYERS STEVENS & TOOHEY & CO.
2773
06/08/2016
NICKOLAUS & HAEG, LLC.
1603
06/08/2016
NIXON-EGLI EQUIPMENT CO.
2566
06/08/2016
NOR-CAL TELECOM
1899
06/08/2016
OE PUBLIC & MISC EE'S
2679
06/08/2016
O'REILLY AUTO PARTS
00113
06/08/2016
PACE SUPPLY #03391-00
2306
06/08/2016
PERKINS SEPTIC TANK CLEANING
00217
06/08/2016
PG&E VO248104
1007
06/08/2016
PRINTING SYSTEMS
00347
06/08/2016
RB PEST CONTROL
2681
06/08/2016
RICOH USA, INC.
2396
06/08/2016
RICOH, USA
1837
06/08/2016
ROGER WHEELER LANDSCAPING
3179
06/08/2016
S & K AUTOMOTIVE & TOWING
1864
06/08/2016
SAN DIEGO POLICE EQUIPMENT CO
3066
06/08/2016
SAN FRANCISCO CHRONICLE
2383
06/08/2016
SHRED-IT USA LLC
00400
06/08/2016
SIERRA CHEMICAL COMPANY
2826
SONOMA MEDIA INVESTMENTS, LLC. 06/08/2016
2832
06/08/2016
STANDARD PRINTING COMPANY
1097
06/08/2016
STAPLES CREDIT PLAN
3216
06/08/2016
SYNAGRO-WWT, INC.
3138
06/08/2016
THE WORKS INC/MLS - LSQ FUNDING GROUP
2763
06/08/2016
UKIAH FORD
00368
06/08/2016
UKIAH PAPER SUPPLY, INC.
3092
06/08/2016
UNION BANK
2510
06/08/2016
US POSTMASTER - ARIZONA

6/8/2016 4:00:35 PM

Payment Type
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular

Discount Amount
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00

Payment Amount Number


291.99
2,905.00
205.29
1,668.47
0.00
1,477.60
476.00
280.00
484.80
3,317.55
1,821.00
508.00
7,148.75
675.00
162.95
435.00
20.32
526.55
19,449.76
2,217.32
326.17
20.00
8.06
20,000.00
30.00
1,485.80
193.50
2,075.00
406.03
301.68
10,931.00
15.95
465.15
375.00
2,674.23
194.82
415.00
30.75
719.91
250.00
200.00
385.36
1,329.00
93.88
1,340.20
478.60
555.17
931.63
676,816.34
1,620.72
70.55
448.35
2,013.00
864.23

49327
49328
49329
49330
49331
49332
49333
49334
49335
49336
49337
49338
49339
49340
49341
49342
49343
49344
49345
49346
49347
49348
49349
49350
49351
49352
49353
49354
49355
49356
49357
49358
49359
49360
49361
49362
49363
49364
49365
49366
49367
49368
49369
49370
49371
49372
49373
49374
49375
49376
49377
49378
49379
49380

Page 1 of 3

Check Register
Vendor Number
1310
2109
00385
00164
2697
1960
00351

Packet: APPKT00207-06-08-16 WARRANTS


Vendor Name
USA BLUE BOOK
VERIZON WIRELESS
WESTAMERICA BANK
WESTGATE PETROLEUM CO., INC.
WILDA SHOCK
WYATT IRRIGATION SUPPLY INC
YOLO COUNTY FLOOD CONTROL

Payment Date
06/08/2016
06/08/2016
06/08/2016
06/08/2016
06/08/2016
06/08/2016
06/08/2016

Payment Type
Regular
Regular
Regular
Regular
Regular
Regular
Regular

Discount Amount
0.00
0.00
0.00
0.00
0.00
0.00
0.00

Payment Amount
766.57
1,319.34
37,114.45
500.83
10,000.00
94.70
516.15

Number
49381
49382
49383
49384
49385
49386
49387

Bank Code AP BANK Summary


Payment Type
Regular Checks
Manual Checks
Voided Checks
Bank Drafts
EFT's

6/8/2016 4:00:35 PM

Payable
Count
122
0
0
0
0
122

Payment
Count
60
0
1
0
0
61

Discount
0.00
0.00
0.00
0.00
0.00
0.00

Payment
822,448.47
0.00
0.00
0.00
0.00
822,448.47

Page 2 of 3

Check Register

Packet: APPKT00207-06-08-16 WARRANTS

Fund Summary

6/8/2016 4:00:35 PM

Fund

Name

Period

Amount

998

POOLED CASH

6/2016

822,448.47
822,448.47

Page 3 of 3

From:
To:
Subject:
Date:
Attachments:

jferguson@lakeportpolice.org
Hilary Britton
Re: Application 2016-015 - Kiss My Clear Lake Bass event (Lake Co. Chamber of Commerce)
Tuesday, June 07, 2016 8:20:26 AM
image002.png

Hillary,

I see that the Alcohol use is not checked. No police concerns if they don't plan to have
alcohol. Possible concerns if alcohol is going to be used and I will need appropriate permits
if thats the case.
Jason
A true hero is not defined simply by the uniform he or she is wearing but rather the person
who's wearing it!

-----Original Message----From: Hilary Britton [mailto:hbritton@cityoflakeport.com]


Sent: Monday, June 6, 2016 02:12 PM
To: Amanda Frazell (Dean.Eichelmann@lakecountyca.gov),
Cheryl Bennett (cheryl.bennett@lakecountyca.gov), 'Cynthia Ader', 'Daniel Chance',
'Doug Grider', 'Executive Management', 'Gary Basor', 'Jason Ferguson', 'Jim Kennedy',
'Linda Sobieraj', Lori Price (lorip@co.lake.ca.us),
Mark Wall (mwaconsulting@comcast.net), 'Mike Sobieraj',
Pheakdey Preciado (pheakdey.preciado@lakecountyca.gov), 'Rebekah Dolby', 'Ron Ladd',
Tina Rubin (Tina.Rubin@lakecountyca.gov)
Subject: Application 2016-015 - Kiss My Clear Lake Bass event (Lake Co. Chamber of Commerce)

Hi all,

Please find attached application 2016-015 for the Kiss My Clear Lake Bass event to be held in
Library Park on June 26, 2016, for your review.

We would like to submit this for Council approval at the June 21st meeting, so please have your
comments back to me by June 16th.

As always, thank you for your input.

Hilary Britton
Deputy City Clerk
City of Lakeport
225 Park Street
Lakeport, CA 95453
(707) 263-5615 x43
hbritton@cityoflakeport.com

From:
To:
Cc:
Subject:
Date:

Brad Rasmussen
Hilary Britton
Doug Grider
Re: Application 2016-002 - Lakeside Car & Boat Show Addendum
Thursday, June 16, 2016 6:56:10 AM

No police concern.
Brad Rasmussen
Chief of Police
Lakeport Police Department
Main: 707-263-5491
Cell: 707-367-6035
Stand with anybody that stands right, stand with him while he is right and part with him when
he goes wrong. -Abraham Lincoln
Police Website:
http://www.lakeportpolice.org/
Police FaceBook:https://www.facebook.com/pages/Lakeport-PoliceDepartment/176101292414821
CONFIDENTIALITY NOTICE: This communication with its contents may contain
confidential and/or legally privileged information. It is solely for the use of the intended
recipient(s). Unauthorized interception, review, use or disclosure is prohibited and may
violate applicable laws including the Electronic Communications Privacy Act. If you are not
the intended recipient, please contact the sender and destroy all copies of the communication.
Sent from my iPad
On Jun 14, 2016, at 3:28 PM, Hilary Britton <hbritton@cityoflakeport.com> wrote:
Please find attached an addendum to the Lakeside Car & Boat show for your review.
They are requesting the use of the City Hall parking lot for their high value vehicles.
Please send any comments on this request to me by Thursday, as we would like to take
this to Council on June 21, 2016.

Hilary Britton
Deputy City Clerk
City of Lakeport
225 Park Street
Lakeport, CA 95453
(707) 263-5615 x12
hbritton@cityoflakeport.com
<image001.jpg> <image002.png> <image003.jpg>

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From:
To:
Cc:
Subject:
Date:

Brad Rasmussen
Hilary Britton
Kelly Buendia; Margaret Silveira; Jason Ferguson; Doug Grider; Mark Brannigan; Brad Rasmussen
Police Review of Application 2016-002 for 12/15 Council Meeting
Tuesday, December 08, 2015 10:08:14 AM

Police Review of Application2016-002(Lakeside Car & Boat show)


Concerns, Recommendations & Fiscal Impacts:

Event will require 4 police volunteers and 2 police officers. Total fiscal impact for police is
approximately $2400.

For Friday, August 12th:

City will need to close the small Fourth Street parking area between the Coach Craft yard and
the north side of Fourth St. This will be to allow up to six speed boats (While on trailers) to
run their motors for short periods of time for their "Night of Fire" after the concert in the park
ends. Due to noise disturbances issues boat motors shall not be startedafter 10:00 PM.

For Saturday, August 13th:

Street and parking area closures necessary are: 1: Park Street from First Street to Third
Streetand secondStreet from N. Main Street to Park Street.2: All parking between
theprolongationof the east edge of Park Street from the north end of Library Park to the south
edge of Fifth Street. (Fifth Street parking area on the north side of the street is to remain open
for regular public use) 3: Between 9:00 AM & 11:00 AM boat launch ramps at First Street,
Third Street, Fifth Street and Clearlake Avewill be closedfor public safety while the
speedboats are making their runs.
Library Park including the Gazebo (from the center of the park to its north end to be reserved
for the event.

Controlled traffic (with access for local traffic including residents, business persons or their
customers) necessary is: 1: Third Street from N. Main Street to Park Street. 2: Fourth Street
from N. Main Street to the City Lakefront parking area. Event promotors shall work with
businesses and residence including Park Place & the Stevenson's to ensure that their locations
can be accessed throughout the day. 3: The Alley behind City Hall between Second & Third
Streets.

Event Promotors shall submit alcohol sales authorization applications to both the Lakeport
Police Department and the California Department of Alcoholic Beverage Control for approval
at least 20 days prior to event.

Event Promotors shall provide monthly updates of projected event attendance to police and public
works.

Brad Rasmussen
Chief of Police
Lakeport Police Department
Main:707-263-5491
Cell: 707-367-6035

Brad Rasmussen
Chief of Police
Lakeport Police Department
Main: 707-263-5491
Cell: 707-367-6035

Stand with anybody that stands right, stand with him while he is right and part with him when
he goes wrong. -Abraham Lincoln
Police Website:
http://www.lakeportpolice.org/
Police FaceBook:https://www.facebook.com/pages/Lakeport-PoliceDepartment/176101292414821
CONFIDENTIALITY NOTICE: This communication with its contents may contain
confidential and/or legally privileged information. It is solely for the use of the intended
recipient(s). Unauthorized interception, review, use or disclosure is prohibited and may violate
applicable laws including the Electronic Communications Privacy Act. If you are not the
intended recipient, please contact the sender and destroy all copies of the communication.
Sent from my iPad

Public Works Review of Application 2016-002 (Lakeside Car & Boat show)
Concerns, Recommendations & Fiscal Impacts:
Event will require 2 Public Works Workers, 2 Parks Workers and 1 Supervisor as a
minimum. Equipment will include trucks, barricades & delineators. Total fiscal impact for
public works is approximately $2500.
For Friday, August 12th:
City will need to close the small Fourth Street parking area between the Coach Craft yard and the
north side of Fourth St. This will be to allow up to six speed boats (While on trailers) to run their
motors for short periods of time for their "Night of Fire" after the concert in the park ends. Due
to noise disturbances issues boat motors shall not be started after 10:00 PM. This area will be
reopened Saturday morning in conjunction with the street closures.
For Saturday, August 13th from 7:00 AM till 8:00 PM
Street and parking area closures necessary are: 1: Park Street from First Street to Third Street and
Second Street from N. Main Street to Park Street.
2: All parking from the north end of Library Park to the south edge of Fifth Street. (Fifth Street
parking area on the north side of the street is to remain open for regular public use) 3: Between
9:00 AM & 11:00 AM boat launch ramps at First Street, Third Street, Fifth Street and Clearlake
Ave will be closed for public safety while the speed boats are making their runs.
Library Park including the Gazebo from the north edge of the center promenade to its north end
to be used by the event. The rules for use of the Gazebo shall apply to this event. There shall be
no stakes, post, or spikes driven into the lawn, this is to prevent damage to the underground
irrigation system. Vehicles are not permitted on the lawn or sidewalks.
Controlled traffic (with access for local traffic including residents, business persons or their
customers) necessary is: 1: Third Street from N. Main Street to Park Street. 2: Fourth Street
from N. Main Street to the City Lakefront parking area. Event promotors shall work with
businesses and residence including Park Place & the Stevenson's to ensure that their locations
can be accessed throughout the day. 3: The Alley behind City Hall between Second & Third
Streets will be closed to thru traffic. The Event Promotors shall provide qualified traffic control
personnel at 3rd & Main and 4th & Main to control ingress of large vehicles.
Event Promotors shall provide monthly updates of projected event attendance to the Public Works
Superintendent.

Douglas Grider
Public Works Superintendent
Lakeport Public Works Department
Main: 707-263-3578
Cell: 707-489-3311

Northern
California
Shakespeare
Festival
presents
Shakespeare
at the Lake.
Imagine yourself sitting on a blanket in the grassy shade of
Library Park located in Lakeport, California while enjoying the
warm evening with a glass of Lake County wine. Beautiful Clear
Lake shimmers in front of you. Suddenly the shrewd and
knavish sprite Puck prances across the stage, spreading
mischief. You will be watching Shakespeares comedy A
Midsummers Nights Dream, presented by Mendocino College
with the Lake County Theatre Company and the City of Lakeport.
One of Shakespeares most endearing and popular plays will be
the inaugural Shakespeare at the Lake event produced by the
Northern California Shakespeare Festival. This romantic romp
will play with Lake Countys fantastic scenery as a natural
backdrop.
Performances at Library Park, Lakeport, California, are on the
evenings of July 30 and 31, at 6:30 PM and are free to the public.
Reserved seating will be available. Save the dates on your
calendar so that you wont miss this lovely night of enchantment.

From:
To:
Subject:
Date:
Attachments:

jferguson@lakeportpolice.org
Hilary Britton
Re: Application 2016-017 Shakespeare by the Lake (Mendocino College)
Tuesday, June 14, 2016 5:25:54 PM
image002.png

No police concerns. The PD will be advised to conduct extra patrols throughout the park
while various equipment is being left overnight.
Lt.

A true hero is not defined simply by the uniform he or she is wearing but rather the person
who's wearing it!

-----Original Message----From: Hilary Britton [mailto:hbritton@cityoflakeport.com]


Sent: Tuesday, June 14, 2016 03:53 PM
To: 'Cynthia Ader', 'Daniel Chance', 'Doug Grider', 'Executive Management', 'Gary Basor',
'Jason Ferguson', 'Jim Kennedy', 'Linda Sobieraj', Lori Price (lorip@co.lake.ca.us),
Mark Wall (mwaconsulting@comcast.net), 'Mike Sobieraj',
Pheakdey Preciado (pheakdey.preciado@lakecountyca.gov), 'Rebekah Dolby', 'Ron Ladd',
Tina Rubin (Tina.Rubin@lakecountyca.gov)
Subject: Application 2016-017 Shakespeare by the Lake (Mendocino College)

Hi all,

Please find attached application 2016-017 for the inaugural Shakespeare by the Lake event for
your review. Please have your comments back to me by Thursday, June 16.

Thank you for your input.

Hilary Britton
Deputy City Clerk
City of Lakeport
225 Park Street
Lakeport, CA 95453
(707) 263-5615 x12
hbritton@cityoflakeport.com

This email checked with McAfee SaaS.

CITY OF LAKEPORT
City Council
City of Lakeport Municipal Sewer District
Lakeport Redevelopment Successor Agency
Lakeport Industrial Development Agency
Municipal Financing Agency of Lakeport

STAFF REPORT
RE:

Third Reading: Ordinance adding Chapter 5.24 to the Lakeport MEETING DATE:
Municipal Code Regulating Solicitation

SUBMITTED BY:

06/21/2016

Police Chief Brad Rasmussen

PURPOSE OF REPORT:

Information only

Discussion

Action Item

WHAT IS BEING ASKED OF THE CITY COUNCIL/BOARD:


The City Council is being asked to adopt the proposed Solicitation Ordinance incorporating changes introduced at
the Public Hearing held on June 7, 2016.
BACKGROUND/DISCUSSION:
On June 7, 2016 the City Council conducted a public hearing regarding the adoption of a proposed ordinance
adding Chapter 5.24 of Title 5 of the Lakeport Municipal Code regulating solicitation. At that hearing, a change
to the ordinance was unanimously approved to amend section 5.24.070 Term of Permit to read the city
manager may issue a permit valid for more than 30 calendar days, but in no event shall a permit be valid for
more than a year.
If adopted, the ordinance will go into effect 30 days after adoption.
OPTIONS:
1. Adopt the proposed Solicitation Ordinance as amended.
2. Provide input and refer back to staff.
3. Reject proposed solicitation ordinance.
FISCAL IMPACT:
None

Budgeted Item?

Budget Adjustment Needed?


Affected fund(s): x

Yes

General Fund

Yes x
No

No

If yes, amount of appropriation increase: $

Water OM Fund

Sewer OM Fund

Other:

Comments: There is no fee associated with the permit.


SUGGESTED MOTIONS:
Move to adopt the proposed Ordinance adding Chapter 5.24 of Title 5 of the Lakeport Municipal Code regulating
solicitation.
Attachments:
Meeting Date: 06/21/2016

1. Proposed Solicitation Ordinance


Page 1

Agenda Item #IV.G.

ATTACHMENT 1

ORDINANCE 907 (2016)


AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKEPORT ADDING CHAPTER 5.24 OF
TITLE 5 OF THE LAKEPORT MUNICIPAL CODE REGULATING SOLICITATION
THE CITY COUNCIL OF THE CITY OF LAKEPORT DOES ORDAIN AS FOLLOWS:
SECTION 1. Addition of Chapter 5.24 Solicitation.
Chapter 5.24 Solicitation of Title 5
of the Lakeport Municipal Code is hereby added in its entirety:

Chapter 5.24
SOLICITATION

Sections:
5.24.010
5.24.020
5.24.030
5.24.040
5.24.050
5.24.060
5.24.070
5.24.080
5.24.090
5.24.100
5.24.110
5.24.120

Purpose and Intent


Definitions
Solicitation Permit Required
Exemptions
Application for Permit
Issuance of Permit
Term of Permit
Identification Card
Revocation of Permit
Appeals
Manner of Solicitation and Prohibition
Violations; Penalties

5.24.010

Purpose and Intent.

A.
The purpose of this chapter is to regulate solicitation in the city to allow residents
to protect their peace and tranquility, to allow the free and safe flow of pedestrian and
vehicular traffic, and to deter fraud and other criminal behavior. It is the intent of this chapter to
respect the rights of free expression guaranteed by the California and United States
Constitutions; to constitute reasonable, content-neutral, time, place and manner restrictions;
and to impose the smallest burden on expressive activity necessary to accomplish the objectives
of this chapter. This chapter shall be construed in light of this intent.
B.
The exclusion of religious and political motivations from the purposes for
solicitation regulated by this chapter is intended to provide greater protection for such
expressive activity as required by such judicial decisions as Watchtower Bible & Tract Society of
New York, Inc. v. Village of Stratton (2002) 536 U.S. 150, and not to require city officials to
1
163640.2

ATTACHMENT 1

determine what does and does not constitute bona fide religious and political motives except as
necessary to do so. Accordingly, in the enforcement of this chapter, city officials shall accept
claims that activity is politically or religiously motivated unless evidence is obtained
demonstrating those claims to be untruthful.
5.24.020

Definitions.

Unless it is apparent from the context that another meaning is intended, the following
words in this chapter shall have the meaning ascribed to them by this section.
A.
Charitable shall mean and include activity, either actual or purported, that is
philanthropic, social service, welfare, benevolent, educational, and fraternalbut not religious
or politicalin character.
B.
Solicit and Solicitation shall mean the request, directly or indirectly, of
money, credit, property, financial assistance, patronage or other things of value; hawking,
peddling, or vending for charitable or commercial purposes; or offering to perform services for
payment. A solicitation shall be deemed completed when made, whether or not the person
making the same receives any contribution or makes any sale referred to in this subsection.
Solicit or Solicitation includes activity conducted door to door, in any place of public
accommodation, in any place of business open to the public generally, on city streets and
sidewalks, in the public parks, or in any public places. Solicit and solicitation shall also mean
and include the following methods of securing money, patronage, credit, property, financial
assistance or any other thing of value:
1.

Any oral or written request;

2.
The distribution, circulation, posting or publishing of any handbill, written
advertisement or other publication, unless such handbill or written advertisement has been
placed within a business open to the public generally with the express permission of the owner
or operator of such business;
3.
The offer, sale or taking of orders for any goods, services, merchandise, wares or
other tangible items.
5.24.030

Solicitation Permit Required.

No person shall engage in solicitation, as that term is defined in section 5.24.020, within
the city without having first obtained a permit from the city manager or his or her designee; but
when a permit has been issued to any person, the agents and solicitors for such person shall not
be required to obtain individual permits.
5.24.040

Exemptions.
2

163640.2

ATTACHMENT 1

This chapter shall not apply to solicitations made upon premises owned or occupied by
the organization on whose behalf such solicitation is made.
5.24.050

Application for Permit.

A.
An application for permit to solicit, or for renewal of such a permit, shall be made
to the city manager upon forms prescribed by the city manager and signed under penalty of
perjury. The application shall be filed with the city manager at least seven calendar days before
a permit to conduct a solicitation may become effective; provided, however, that the city
manager may for good cause shown allow the filing of a late application. The city manager shall
grant or deny the permit within five business days after the application is made. In the event the
city manager fails to act upon a permit within the time prescribed herein, the permit shall be
deemed granted.
B.
An application for a new or renewed solicitation permit shall contain at least the
following information: address, telephone and other contact information for the applicant; the
purpose for which the solicitation is to be made; the total amount of any funds to be raised
thereby, if any; the use or disposition to be made of any receipts; an outline of the method or
methods to be used in conducting the solicitations, including dates and times for the
commencement, conduct and termination of the solicitation; a statement to the effect that if a
permit is granted, it will not be used or represented in any way as an endorsement by the city or
by any department, officer or employee thereof; the names of other cities or unincorporated
areas in which the person registering has solicited or proposes to solicit within the month
preceding or following the period in which the person seeks to solicit in the city; and if the
applicant is unable to provide any of the foregoing information, the reasons why such
information is not available.
C.
If, while any application is pending, or during the term of any permit, there is any
change in fact, policy, or method that would alter the information given in the application, the
applicant shall notify the city manager in writing thereof within 24 hours after such change,
provided that notice need not be given the city manager other than on a day when city hall is
open for business.
5.24.060

Issuance of Permit.

A.
The city manager or his or her designee shall issue a permit for solicitation unless
any of the following have been demonstrated:
1.
The applicant has failed to provide the required information or to articulate a
reasonable basis for his or her inability to do so;
2.

Any statement made in the application is untrue; or

3
163640.2

ATTACHMENT 1

3.
The proposed time, place or manner of solicitation is inconsistent with any
provision of this code or other applicable law, or poses a threat to the public health or safety.
B.
If the city manager denies a permit to any applicant, the city manager, within the
time for action on an application set forth in paragraph (A) of section 5.24.050, shall arrange to
send by registered mail or personal delivery written notice of the denial to the applicant, stating
the reasons for such denial. The city manager may use fax, email or any other means reasonably
calculated to give actual notice to the applicant.
5.24.070

Term of Permit.

All permits issued under this chapter shall be valid for 30 calendar days unless renewed,
revoked or suspended pursuant to this chapter. Upon good cause shown, the city manager may
issue a permit valid for more than 30 calendar days, but in no event shall a permit be valid for
more than one year. Any permit issued under this chapter shall not be transferable or
assignable.
5.24.080

Identification Card.

All persons to whom permits have been issued hereunder shall furnish an identification
card to each of their agents and solicitors, which card is required to be in the possession of each
agent and solicitor and presented upon request when soliciting in the city. Identification cards
shall include at least the following: the permit number; the name and address of the permittee;
a statement describing the permittees purpose and activity; the signature of the permittee or
one authorized to bind the permittee; the name and signature of the solicitor to whom the card
is issued; the period of time during which the solicitation is authorized; and, printed
prominently thereon in red, the statement, This identification card is not an endorsement of
any solicitation by the City of Lakeport or any of its officers or employees.
5.24.090

Revocation of Permit.

If it is shown that any person to whom a permit has been issued under this chapter has
violated any provision of this chapter or of any other law in connection with solicitation in the
city, the city manager shall immediately suspend the permit and shall notify the permit holder
within two business days of the suspension as specified in section 5.24.060 for a notice of denial
of a solicitation application, stating the reasons for the suspension.
5.24.100

Appeals.

If an applicant or permittee is aggrieved by any action of the city manager to deny,


suspend or revoke a permit, he or she may appeal to the city council by filing within 15 calendar
days of the decision a written statement with the city clerk setting forth reasons for the appeal.
The city clerk shall set a time and place for hearing the appeal at the next regularly scheduled
council meeting which occurs more than 84 hours after the notice of appeal is received and
4
163640.2

ATTACHMENT 1

shall notify the applicant or permit holder of the time and place of hearing. The city council may
affirm, reverse or affirm with conditions, the decision of the city manager and shall apply the
standards of this chapter in doing so. Unless the city council unconditionally approves the
permit, it shall state the reasons for its decision in writing. The Council may delegate its decision
to a hearing officer provided that the decision of that officer is provided to the appellant not
later than 84 hours after the Council timely acts under this section. The action of the city council
or hearing office shall be final as to the city, but shall be subject to judicial review pursuant to
Code of Civil Procedure, section 1094.5.
5.24.110

Manner of Solicitation and Prohibitions.

No person shall do any of the following when engaged in solicitation:


A.
Solicit without a permit or solicit without carrying on his or her person the
identification card required by this chapter.
B.

Solicit after a permit has expired.

C.
Solicit at any dwelling, including but not limited to a house, apartment, or
condominium at which is displayed a sign reading No Solicitations, Do Not Disturb, or any
other indication that the occupants do not wish to be solicited or to have their privacy
otherwise disturbed.
D.
Touch, come into physical contact with, or affix any object to the person of any
member of the public, without the express permission of that person.
E.
Persistently and importunately solicit any member of the public after such
person expresses his or her desire not to be solicited.
F.
Intentionally obstruct the free movement of any member of the public on any
street, sidewalk or other place or in any place open to the public.
G.

Threaten any harm to any person who declines to be solicited.

H.

Misrepresent his or her physical or mental health.

I.
Solicit for any purpose other than those specified in the application upon which
the permit was issued.
J.
While the occupant of a moving vehicle, solicit, or attempt to solicit, business or
contributions of money or other property, from a person within the public right-of-way who is
not in that same vehicle.

5
163640.2

ATTACHMENT 1

K.
Solicit, or attempt to solicit, business or contributions of money or other
property, from a person who is the occupant of a moving vehicle or a vehicle stopped in traffic
while the solicitor is not in that same vehicle.
5.24.120

Violations; Penalties.

Any person who intentionally violates any provision of this chapter is guilty of a
misdemeanor punishable as provided in Chapter 1.08 of this code.
SECTION 2. Severability. Should any provision of this Ordinance, or its application to any
person or circumstance, be determined by a court of competent jurisdiction to be unlawful,
unenforceable or otherwise void, that determination shall have no effect on any other provision
of this Ordinance or the application of this Ordinance to any other person or circumstance and,
to that end, the provisions hereof are severable.
SECTION 3. CEQA.
This ordinance is not a project subject to the California
Environmental Quality Act (CEQA). Project does not include general policy and procedure
making or [o]rganizational or administrative activities of governments that will not result in
direct or indirect physical changes in the environment pursuant to CEQA Guidelines 15378(b).
In addition, this ordinance is exempt from CEQA because it does not apply to the modification,
structuring, restructuring, or approval of rates, tolls, fares, or other charges by public agencies
that are not designed to increase services or expand a system pursuant to CEQA Guidelines
15273.
SECTION 4. Effective Date.
This Ordinance shall take effect thirty (30) days after
adoption as provided by Government Code section 36937.
SECTION 5. Certification. The City Clerk shall certify to the passage and adoption of this
Ordinance and shall give notice of its adoption as required by law. Pursuant to Government
Code section 36933, a summary of this Ordinance may be published and posted in lieu of
publication and posting the entire text.
INTRODUCED and first read at a regular meeting of the City Council on the 17th day of May
2016, by the following vote:
AYES: Mayor Pro Tem Mattina, Council Members Parlet, Scheel and Turner
NOES: None
ABSENT: Mayor Spillman
ABSTAINING: None
READ AND AMENDED at a regular meeting of the City Council on the 7th day of June 2016, by
the following vote:
AYES: Mayor Spillman, Council Members Mattina, Parlet, Scheel and Turner
NOES: None
ABSENT: None
ABSTAINING: None
6
163640.2

ATTACHMENT 1

FINAL PASSAGE AND ADOPTION by the City Council occurred at a meeting thereof held on the
21st day of June, 2016, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINING
___________________________
MARC SPILLMAN, Mayor

ATTEST:

____________________________________
KELLY BUENDIA, City Clerk

7
163640.2

CITY OF LAKEPORT
City Council
City of Lakeport Municipal Sewer District
Lakeport Redevelopment Successor Agency
Lakeport Industrial Development Authority
Municipal Financing Agency of Lakeport

STAFF REPORT
RE: MOU with Bicoastal Norcal Media, LLC for the
Summer Concert series

MEETING DATE: 6/21/16

SUBMITTED BY: Margaret Silveira, City Manager


PURPOSE OF REPORT:

Information only

Discussion

Action Item

WHAT IS BEING ASKED OF THE CITY COUNCIL/BOARD:


City Council is being asked to approve an amendment to the Memorandum of Understanding (MOU) with
Bicoastal Norcal Media, LLC for the concert series.
BACKGROUND/DISCUSSION:
Bicoastal Media is requesting an amendment to the MOU for the Summer Concert Series, deleting the
option for food vendors during the concert series.
OPTIONS:
Approve amendment to the MOU.
Disapprove and provide staff direction.
No action
FISCAL IMPACT:
None at this time.

Account Number:

Comments:

SUGGESTED MOTIONS:
Move to approve amended MOU with Bicoastal Media for the 2016 Summer Concert Series.

Attachments:
.

1. Amended MOU with Bicoastal Media for the 2016 Summer Concert
Series

ATTACHMENT 1

MEMORANDUM OF UNDERSTANDING
BETWEEN BICOASTAL NORCAL MEDIA, LLC, AND THE CITY OF
LAKEPORT FOR SUMMER CONCERT SERIES
This Memorandum of Understanding is made by and between Bicoastal NorCal Media,
LLC (hereafter "CONCERT PRODUCER") and the City of Lakeport (hereafter "LAKEPORT").
In consideration of the right to produce the 2016 Lakeport Summer Concert Series and
use LAKEPORT'S facilities for same, CONCERT PRODUCER agrees as follows:
1. CONCERT PRODUCER agrees to produce and promote ten (10) concerts per year in
accordance with the City of Lakeport Summer Concert Series Guidelines dated March
2004, as they may be amended from time to time by mutual agreement of the parties.
2. CONCERT PRODUCER shall pay LAKEPORT in advance $100.00 per concert to partially
defray LAKEPORT'S expenses associated with the use of its Library Park facilities.
3. CONCERT PRODUCER agrees to indemnify and hold harmless for each concert series that
they produce as follows:
a. To the fullest extent permitted by law, CONCERT PRODUCER shall indemnify,
hold harmless, and defend LAKEPORT, its officers, agents, employees and
volunteers from and against any and all claims and losses, costs or expenses for
any damage due to death or injury to any person, whether physical, emotional,
consequential or otherwise, and injury to any property arising out of or in
connection with CONCERT PRODUCER's alleged negligence, recklessness or willful
misconduct or other wrongful acts, errors or omissions of CONCERT
PRODUCER or any of its officers, employees, servants, agents, or subcontractors,
or anyone directly or indirectly employed by either CONCERT PRODUCER or its
subcontractors, in the performance of the 2016 Lakeport Summer Concert Series
or its failure to comply with any of its obligations contained in this Agreement
and the Summer Concert Series Guidelines dated March 2004, except such loss
or damage as is caused by the sole active negligence or willful misconduct of
LAKEPORT. Such costs and expenses shall include reasonable attorneys' fees due
to LAKEPORT's counsel, expert fees and all other costs and fees of litigation.
b. The obligations of CONCERT PRODUCER under this Section 3 are not limited by
the provisions of any workers' compensation act or similar act. CONCERT
PRODUCER expressly waives its statutory immunity under such statutes or laws
as to LAKEPORT, its officers, agents, employees and volunteers.

-1-

164047.1

ATTACHMENT 1

c.
Should the conduct of the 2016 Summer Concert Series require the use of
subcontractors (as opposed to employees or volunteers), CONCERT PRODUCER
agrees to obtain executed indemnity agreements with provisions identical to
those set forth here in this section from each and every subcontractor or any
other person or entity involved by, for, with or on behalf of CONCERT PRODUCER
in the performance of this Agreement. If CONCERT PRODUCER fails to obtain
such indemnity obligations from others as required herein, CONCERT PRODUCER
agrees to be fully responsible and indemnify, hold harmless and defend
LAKEPORT, its officers, agents, employees and volunteers from and against any
and all claims and losses, costs or expenses for any damage due to death or
injury to any person and injury to any property resulting from any alleged
intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of
CONCERT PRODUCER's subcontractors or any other person or entity involved by,
for, with or on behalf of CONCERT PRODUCER in the performance of this
Agreement. Such costs and expenses shall include reasonable attorneys' fees
incurred by counsel of LAKEPORT's choice.
d. LAKEPORT does not, and shall not, waive any rights that it may possess against
CONCERT PRODUCER because of the acceptance by LAKEPORT, or the deposit
with LAKEPORT, of any insurance policy or certificate required pursuant to
this Agreement. This hold harmless and indemnification provision shall apply
regardless of whether or not any insurance policies are determined to be
applicable to the claim, demand, damage, liability, loss, cost or expense.
4. During the term of this Agreement, CONCERT PRODUCER shall carry, maintain, and keep
in full force and effect insurance against claims for death or injuries to persons or
damages to property that may arise from or in connection with CONCERT PRODUCER's
performance of this Agreement.
a. Such insurance shall be of the types and in the amounts as set forth below:
i. Comprehensive General Liability Insurance with coverage limits of not

less than Two Million Dollars ($2,000,000) including products and


operations hazard, contractual insurance, broad form property damage,
independent consultants, and personal injury where applicable.
CONCERT PRODUCER shall not engage in activity that would require
Comprehensive General Liability Insurance for underground hazard,
explosion or collapse hazard, including but not limited to, use of
fireworks or other pyrotechnics or the erection of any stage or a lighting
structures.
ii. Automobile Liability Insurance for vehicles used in connection with the
performance of this Agreement with minimum limits of One Million

164047.1

-2-

ATTACHMENT 1

Dollars {$1,000,000) per claimant and One Million dollars {$1,000,000)


per incident.
iii. Worker's Compensation insurance as required by the laws of the State of
California.
b. Should the conduct of the 2016 Summer Concert Series require the use of
subcontractors (as opposed to employees or volunteers}, CONCERT PRODUCER
shall require each of its subcontractors to maintain insurance coverage that
meets all of the requirements of this Agreement. For purposes of this subsection
only, "subcontractor" shall not mean musical artists CONCERT PRODUCER pays to
perform at the 2016 Summer Concert Series.
c. The policy or policies required by this Agreement shall be issued by an insurer
admitted in the State of California and with a rating of at least A:Vll in the latest
edition of Best's Insurance Guide.
d. CONCERT PRODUCER agrees that if it does not keep the aforesaid insurance in
full force and effect, LAKEPORT may either (i) take out the necessary insurance
and pay the premium thereon at CONCERT PRODUCER's expense; or (ii} provide
CONCERT PRODUCER fifteen {15) days to cure any lapse in aforesaid insurance.
e. At all times during the term of this Agreement, CONCERT PRODUCER shall
maintain on file with LAKEPORT's Risk Manager a certificate or certificates of
insurance showing that the aforesaid policies are in effect in the required
amounts and naming LAKEPORT and its officers, employees, agents and
volunteers as additional insureds. CONCERT PRODUCER shall, prior to
commencement of work under this Agreement, file with LAKEPORT's Risk
Manager such certificate(s).
f.

CONCERT PRODUCER shall provide proof that policies of insurance required


herein expiring during the term of this Agreement have been renewed or
replaced with other policies providing at least the same coverage. Such proof
will be furnished at least two weeks prior to the expiration of the coverages.

g. The general liability and automobile policies of insurance required by this


Agreement shall contain an endorsement naming LAKEPORT and its officers,
employees, agents and volunteers as additional insureds. All of the policies
required under this Agreement shall contain an endorsement providing that the
policies cannot be canceled or reduced except on thirty days' prior written notice
to LAKEPORT. CONCERT PRODUCER agrees to require its insurer to modify the
certificates of insurance to delete any exculpatory wording stating that failure of
the insurer to mail written notice of cancellation imposes no obligation, and to
delete the word "endeavor" with regard to any notice provisions.

164047.1

-3-

ATTACHMENT 1

h. The insurance provided by CONCERT PRODUCER shall be primary to any


coverage available to LAKEPORT. Any insurance or self-insurance maintained by
LAKEPORT and/or its officers, employees, agents or volunteers, shall be in excess
of CONCERT PRODUCER's insurance and shall not contribute with it.
i.

All insurance coverage provided pursuant to this Agreement shall not prohibit
CONCERT PRODUCER, and CONCERT PRODUCER's employees, agents or
subcontractors, from waiving the right of subrogation prior to a loss. CONCERT
PRODUCER hereby waives all rights of subrogation against LAKEPORT.

j.

Any deductibles or self-insured retentions must be declared to LAKEPORT.

k. Procurement of insurance by CONCERT PRODUCER shall not be construed as a


limitation of CONCERT PRODUCER's liability or as full performance of CONCERT
PRODUCER's duties to indemnify, hold harmless and defend under Section 11of
this Agreement.

I.

CONCERT PRODUCER shall report to LAKEPORT, in addition to the CONCERT


PRODUCERsinsurer, any and all insurance claims submitted to CONCERT
PRODUCER's insurer in connection with the services under the Agreement.

5. CONCERT PRODUCER will make a good faith effort to "contribute funds, goods, or
services for the purpose of enhancing Library Park" following the season end for each
concert series that they produce.
6. CONCERT PRODUCER shall have a right of first refusal to negotiate an extension of the
Lakeport Summer Concert Series provided said request is made to LAKEPORT in writing
prior to D e c e m b e r 3 1 , 2 0 1 6 .
7. LAKEPORT will consider allowing up to three (3) "special promotional events" during
each concert series. The details of such events will be presented for approval as soon as
practical to the Lakeport City Manager for approval.
8. CONCERT PRODUCER shall ensure that LAKEPORT is listed as a host of the concert series
on promotional materials and announced as such during each concert.
9. CONCERT PRODUCER shall have the right to reserve the six picnic tables on the
northeast side of Library Park to the south of the Third Street Boat Ramp (See Exhibit A
attached).
10. CONCERT PRODUCER will have the right bring retail food sales to the event and to select
the vendors. Vendors shall be responsible for obtaining, at their sole cost and expense, all
permits and regulatory approvals necessary , including a

164047.1

-4-

ATTACHMENT 1

current City of Lakeport business license and Lake County Health Department permits.
No alcohol shall be sold by the vendors at the event.

11. The term of this Agreement shall expire at 11:59 p.m. on December 31, 2016, unless
extended by written agreement of the parties or terminated earlier in accordance with
the following:
a. LAKEPORT may terminate this Agreement for cause on five business days'
written notice to CONCERT PRODUCER. CONCERT PRODUCER may terminate this
Agreement for any reason on sixty calendar days' written notice to LAKEPORT.
CONCERT PRODUCER agrees to cease all work under this Agreement on or
before the effective date of any notice of termination.
b. The parties agree that the covenants contained in Section 3 of this Agreement
shall survive the expiration or termination of this Agreement.
12. In the performance of this Agreement, CONCERT PRODUCER shall not discriminate
against any employee, subcontractor, or applicant for employment because of race,
color, creed, religion, sex, marital status, sexual orientation, national origin, ancestry,
age, physical or mental disability, medical condition or any other unlawful basis.
13. CONCERT PRODUCER is, and shall at all times remain as to LAKEPORT, a wholly
independent contractor. CONCERT PRODUCER shall have no power to incur any debt,
obligation, or liability on behalf of LAKEPORT or otherwise to act on behalf of LAKEPORT
as an agent. Neither LAKEPORT nor any of its agents shall have control over the conduct
of CONCERT PRODUCER or any of CONCERT PRODUCE R's employees, except as set forth
in this Agreement and City of Lakeport Summer Concert Series Guidelines dated March
2004. CONCERT PRODUCER shall not represent that it is, or that any of its agents or
employees are, in any manner, employees of LAKEPORT.
14. All documents referenced as exhibits in this Agreement are hereby incorporated into
this Agreement. In the event of any material discrepancy between the express
provisions of this Agreement and the provisions of any document incorporated herein
by reference, the provisions of this Agreement shall prevail. This instrument contains
the entire Agreement between LAKEPORT and CONCERT PRODUCER with
respect to the transactions contemplated herein. No other prior or written
agreements are binding upon the parties. Amendments hereto or deviations here
from shall be effective and binding only if made in writing and executed by
LAKEPORT and CONCERT PRODUCER.

164047.1

-5-

ATTACHMENT 1

ACCEPTED AND AGREED TO:

______________________________

__________________________

MARC SPILLMAN, Mayor


City of Lakeport

Dated

______________________________________
BICOASTAL NORCAL MEDIA, LLC

_________________________________
Dated

164047.1

-6-

ATTACHMENT 1

----

164047.1

----

CITY OF LAKEPORT
City Council
City of Lakeport Municipal Sewer District
Lakeport Redevelopment Successor Agency
Lakeport Industrial Development Agency
Municipal Financing Agency of Lakeport

STAFF REPORT
RE:

MEETING DATE:

Presentation of 2015 Annual Report

SUBMITTED BY:

6/21/2016

Daniel Buffalo, Finance Director

PURPOSE OF REPORT:

Information only

Discussion

Action Item

WHAT IS BEING ASKED OF THE CITY COUNCIL/BOARD:


Receive and file the 2015 Annual Report.
BACKGROUND/DISCUSSION:
Staff has completed and issued the 2015 Annual Report and is presenting it, along with its features and
functionality, to the Council for review and comment.
OPTIONS:
1. N/A
FISCAL IMPACT:
None

Budgeted Item?

Budget Adjustment Needed?


Affected fund(s):

Yes

General Fund

Yes
No

No
If yes, amount of appropriation increase: $

Water OM Fund

Sewer OM Fund

Other:

SUGGESTED MOTIONS:
None.
Attachments:

Meeting Date: 06/21/2016

1. 2015 Annual Report

Page 1

Agenda Item #V.B.

ATTACHMENT 1

2015 Annual Report

www.cityoflakeport.com

CITY OF LAKEPORT

Discover
Your

Hometown

2 / City of Lakeport Annual Report 2015

ATTACHMENT 1

m|uo71om

Highlights

We want to make sure that your tax dollars are


at work properly, and these are the [types of
improvements] that make the City of Lakeport a
nice place to be. - Click on the image below
for Part One of the Mayors Message

City Council, staff, citizens and


consultants work together to
provide a collective vision for
the City of Lakeport. Some
recent highlights discussed in
Part 1 include :

Recently completed
$9 million of
infrastructure
improvements

Overview of the
renovations completed
on the citys 1 million
and 1 1/2 million
gallon water storage
tanks

Recently completed
North Main
Street sewer line
replacement project

Installation of new
docks with modern
technology in Library
Park

School Bond Measure


remodel of Westshore
Pool

ATTACHMENT 1

Mayors Message City of Lakeport Annual Report 2015 /

S I SAT DOWN TO REFLECT and offer my thoughts on our Annual


Report during my tenure as Mayor, including the many accomplishments
and future challenges that you will read about here, I felt a sense of
another story brewing within. An elephant in the room, if you will.
This elephant I speak of, is of course, the horrific fires Lake County
experienced, including Californias third most devastating, the Valley Fire.
The everyday business of budgeting, working on capital improvements,
and going about our normal lives took a distant back seat to saving lives,
protecting property and recovery.
We were very fortunate to not be adversely affected by fire here in the
City of Lakeport, but no one in Lake County was unaffected. In the early
hours of the Valley Fire, I witnessed city staff, council members, police
officers and our citizenry all joining together to evacuate fire threatened
communities, staff the emergency operations center, provide shelter to
fire victims and support the first responders.

Martin Scheel - Mayor (2015)

Our small city nearly doubled in population within days due to the fire command center located at our fair grounds
and the 4,000 plus fire personnel needed to save our communities. Hundreds if not a thousand additional vehicles
on our streets, traffic jams (wait, traffic jams?). Local businesses being overwhelmed. This in itself can devastate a
small community. But it did not. Instead of scores of angry citizens voicing their concerns, we witnessed a multitude
of signs of support for our firefighting guests. Instead of our community being upset that their favorite restaurant was
overwhelmed with fire support staff and may run out of food, they were offering their meals to the firefighters. This
same sentiment continued throughout Lakeport and Lake County.
It became immediately apparent that city limit lines, town boundaries, political partisanship and other barriers that
can consume our daily lives had disappeared. The cities and communities of Lake County became the community
of Lake County. I have a great sense of pride on how the community of Lakeport came together to assist our
neighbors, and the work we did as a City this past year strengthened our ability to do.
The investments we made in our water infrastructure better abled us provide that critical resource to responders
while limiting the impact to our residents and businesses. The attention we gave to our roadways allowed for
commerce to continue unimpeded and resources to be available to fire victims. And the plans we set in motion to
enhance the safety and effectiveness of our police
department will ensure that future times of need will be
met for anyone who calls Lakeport home.

Our community came


together as one family, 60,000
plus strong.

As we move down the path of recovery, I believe we


must preserve this camaraderie that has been forged
from disaster. We still have the day-to-day business of
running our city and providing services to our citizens.
We still have to budget for the future. Recovery will
take years if not decades and will be part of our daily
lives. One of your children may be writing this message in the not too distant future. What will their message be? I
am confident that we can lay the foundation for our and their future.

From that first radio call fire on Cobb, to the homes being rebuilt as we speak, I think what impacted me most from
my unique view as your Mayor during the fires of 2015, is how our community came together as one family, 60,000
plus strong. The City of Lakeport will continue to be a supportive sibling as we journey through our new future. A
future that in my opinion is best described as:
Lake County Strong
-Mayor Martin Scheel

4 / City of Lakeport Annual Report 2015

ATTACHMENT 1

Roads and Infrastructure

Discover
Your

Roads

Clean, smooth, debris-free roads keep Lakeport


safe and beautiful. Pictured: road improvements
to Mellor Drive.

Road Projects
Expenditures
Total in 2015
$1,050,643

Total over
2013-2015:
$2,888,177

Road Improvements
Revitalizing our roads as funds are available
continues to be one of our foremost goals. Smooth
and clean city streets promote the safety and well
being of our citzens and our economy. We are
pleased to have completed several road rehabilitation
projects over the last year. These include:

Parallel Drive

Mellor Drive

Various neighborhood streets

We eagerly anticipate completing our road improvement goals this


calendar year. Along with our extensive Main Street revitalization project,
our 2015-2016 road projects include:

Bevins Street Rehabilitation (Pending)

South Main Street

Eleventh Street complete dig-outs, crack repair and fresh


striping

Beach Street Overlay (Pending)

Valley gutter at Lakeport Blvd and South Main

Pothole repair and miscellaneous repairs

2015-2016 Road improvement


budgets anticipate the
asphalt costs alone to total
approximately $50,000

Video: Lakeport Resident James Meek,


owner of The Soap Shack. Click on the
image to view the video.

ATTACHMENT 1

Roads and Infrastructure City of Lakeport Annual Report 2015 /

Water Highlights
Lakeport residents have worked hard to conserve water amidst Californias
water shortage. The City of Lakeports Water Operations and Maintenance
(O&M) Division is dedicated to expanding your efforts. The construction crew
installs and maintains new and existing water and sewer systems to private
property and within dedicated easements throughout the City. The crew
works on emergency water breaks and sewer stoppages when they happen,
and schedules the repair or replacement of water distribution and collection
system Inflow and Infiltration deficiencies.
The division continuously monitors the quality of the water that it provides
to its residents and proudly maintains the distinction of providing the safest,
clearest, and best tasting drinking water in Lake County. We also provide 24hour service and support to the public by responding to customer concerns,
emergency water breaks/repairs, and ensuring the City has high quality
drinking water in adequate supply for firefighting, domestic, and commercial
use.
We continue to prioritize community engagement by responding quickly to
citizen inquiries, participating in local awareness programs and expanding our
presence through social media.

USDA Project Update


The City is completing work on nearly $9 million
of water and sewer infrastructure capital projects
deemed most economical and critical to existing
needs. Nearly $3 million of this project has been
provided by the USDA in the form of grants, while
the remaining amount comes in the form of longterm, low-interest USDA bonds. Water projects
are nearly complete and include the following:

Purchase of property securing


groundwater wells vital to the Citys
water supply.

Repair and reconditioning of


groundwater storage tanks.

Procurement and installation of


electronic water meters, City-wide.

Replacement of SCADA (Supervisory


Control and Data Acquisition)
system used to control all vital
elements of the Citys groundwater
and surface water treatment and
distribution system. and to control
all vital elements of the Citys sewer
collection and treatment system.

Sewer Highlights
The Sewer Operations
and Maintenance
(O&M) Division provides
collection, treatment, and
disposal of sewage in a
manner compliant with the
health and safety needs
of the community and the
environment. Delivering this
service in the safest, most
reliable method possible is
the highest concern of the
Public Works Department.

Sewer projects completed or nearly complete


include the following:

Sewer main line replacement along


North Main Street

Sludge removal from oxidation ponds


at sewer treatment facility

Right-of-way acquisition and force


main line rehabilitation under Highway
29

The Sewer division


provides 24-hour service
Clearlake Ave lift station rehabilitation
and support to the public
by responding to customer
concerns, emergency sewer
stoppages, and ensures sewer system functionality. The division operates and
maintains eight sewer lift stations, a secondary treatment and disposal facility,
and a collection system to the customers property line. The division works with
developers and customers on sewer service issues during project design, service
installation, and future needs. The division also inspects the collection system for
Inflow and Infiltration (I&I) problems that require remediation to restore system
capacity.

Discover
Your

Infrastructure

Our utilities staff is dedicated to keeping the City of Lakeport running


smoothly. We take pride in our pure, clean drinking water. We provide an
adequate supply for firefighting, domestic, and commercial use and proudly
keep Lakeport healthy and safe.

6 / City of Lakeport Annual Report 2015

ATTACHMENT 1

Enjoy Lakeport

Discover
Your

Enjoyment
Lakefront Plan
Beautiful new docks have
been installed at Library
Park. Even the pouring
rain during the ribbon
cutting did not diminish
the excitement from the
community and boaters
of Lake County. With
a portion of a $10,000
contribution from the
Lakeport Rotary, solar
lights were added to the
docks which create a new
ambiance to our docks
and Library Park.

The City of Lakeport, with its easy access


to fishing, boating and plenty of community
activities, is an excellent place to play and relax.

Westshore Pool
The City of Lakeport operates a public
swimming pool for the benefit of the
Lakeport community, which includes
residents outside of the City limits. The
pool is available to private clubs, the
Lakeport Unified School District, and the
general community during summer months,
providing an invaluable service to parents
and children. Westshore Pool also offers
swimming lessons during the summer
months for $60 per child.

The City of Lakeport, along with Measure T funding provided


for Lakeport Unified School District, plan on making extensive
refurbishments to the Westshore Pool in the near future.

Solar power is not only a viable,


environmentally responsible resource, it also
has the potential to generate significant
cost savings. Council has voiced strong
support for the City to pursue its
implementation, and it will be
a key focus for us in the
coming year.

Video: Jeff Kramer, Owner, Main Street


Bikes. Click on the image to view the
video.

ATTACHMENT 1

Enjoy Lakeport City of Lakeport Annual Report 2015 /

My work here has really changed


my perspective. The conduit
between residents and the council
is really inspiring. Seeing the
community involvement, the
elected officials, the volunteers who
serve on committees and all of the
effort and time they put in together
is really inspiring to me. - Hilary
Britton - Department Secretary
Administration Services

Fireworks

The annual 4th of July fireworks display


is a amazing sight to be seen. The
process takes months of planning
and many sets of hands to plan and
execute the 20 minute display each
year over beautiful Clear Lake. Each
year the display gets bigger and better
and includes more than 750 fireworks
set off from pontoon boats on Clear
Lake. Fireworks are ignited with an
automatic electric firing system that
requires hours of electrical wiring. Safety is always the primary
concern and strict regulations are followed in cooperation with
the Lakeport Fire Department as well as other state and federal
agencies. Each year the amazing display with clear views and
glowing reflections cast onto the lake below is a one of a kind
experience.

Video: Tim OMeara, Co-Owner


OMeara Brothers Brewing Company
Click on the image to view the video.

New Restaurants
2015 was a very busy year for the opening of new Lakeport
Restaurants and businesses. Residents and visitors alike are
enjoying the new atmosphere to eat delicious food and relax. Some
of the restaurants that have opened or expanded are:

OMeara Bros. Brewing Company

The Wholly Bowl

Suzie Qs Donut Shop

Drinx Bar and Grill (opened in 2016)

Parades and Concerts


Parades ringing in the important
events in Lakeport are a staple of
small town charm.

Memorial Day

Independence Day

Festival of Lights

Kids Halloween

During the summer months


Lakeport holds Friday night
concerts in Library Park. Concerts
are free of charge and feature
performing artists that include
blues, Rock n Roll, Disco, Country
and Cajun.

ATTACHMENT 1

8 / City of Lakeport Annual Report 2015 City Managers Message

Highlights

The popularity of Measure I shows that the citizens


of Lakeport understand that we need to help ourselves, and we can really make positive things happen when we do that. - Click the image below
for Part Two of the Mayors Message

Many exciting projects have


been completed and are being
planned for the City of Lakeport.
Some highlights discussed in
Part 2 include :

Overview of the
property purchase of
the new facility for
the Lakeport Police
Department

Plans for installation of


solar fields to reduce
electricity costs and
save tax dollars

Grant funding for


Carnegie Library
renovations

Grant funding for


lakefront improvement
projects as well as
assistance for small
businesses

Overview of Measure I

Priorities for 2016

ATTACHMENT 1

City Managers Message City of Lakeport Annual Report 2015 /

ROWING OUR COMMUNITY TOGETHER. We believe we must


act boldly and deliberately to strengthen our local economy, thereby
enhancing service delivery and maintaining the highest quality of life for
our citizenry. Growing a community together is a collaborative effort
between all stakeholders: the City Council, city management, staff, and
most importantly the community.
The focus has been three core elements:
1.
2.
3.

People
Service delivery
Fiscal sustainability

People: an organizations success cannot be achieved without good


people. As we discuss infrastructure most people think of pipes under
the ground and roads. For a service industry such as the City, people/
Margaret Silveira - City
employees are a key infrastructure for the service delivery and the
success of a community. Lakeport is fortunate to have this resource.
The key is to retain and attract this resource. We have wonderful individuals working hard for this City.

Manager

Service delivery: The City is a service-based organization. Its what we do. Over the last several years we have provided
high quality municipal services at the lowest possible cost. But as our economic recovery continues, costs are rising faster
than revenues. We need continue to focus on the
what and the how. What services can we continue to
provide at the highest level and how best we can do it?

Growing a community

together is a collaborative effort


between all stakeholders.

Fiscal Stability. We are recovering from the most


devastating financial disaster in over 80 years and
are beginning the process of restoration. The State
of California is not making the process easier for us,
opting instead to solve its own financial hardships on
the backs of local government. Lakeport is resilient
and will find our way to economic and fiscal prosperity.

Infrastructure Matters. We rely on our infrastructure to be the cornerstone of a successful city. Quality roads, water mains,
and sewers are the backbone of our community.
During the 2014-15 fiscal year the City of Lakeport has made substantial investment in its capital infrastructure. New
docks were installed at Library Park. Parallel Drive was resurfaced. The environmental process for the Lakeshore
Boulevard Emergency Repair Project was set into motion. And major water and sewer infrastructure projects were
completed or well under way. Unfortunately, even though much was done, this is largely insufficient to what is required to
replace or rehabilitate every fixed asset, especially our roads.
I want to thank the West Side Park Committee for their civic leadership and commitment to the community. The
infrastructure they continue to enhance, new baseball fields, horseshoe pits, sand pits for beach hand ball, trails and many
planned projects for the future add tremendous value to our City. Id like to thank the volunteers at our police department,
who have been a tremendous help during our shortness of staff, and to countless members of the community who believe
in Lakeport and roll up their sleeves when needed.
And I want to thank my entire staff at the City of Lakeport for their hard work and endurance theyve demonstrated over
the past few years with limited resources. And to the City Council, I praise you for the leadership you have demonstrated.
Your support makes our job more rewarding and drives us to perform at our best.
- City Manager Margaret Silveira

10 / City of Lakeport Annual Report 2015

Discover
Your

Did you know?


The average response
time to an emergency
call by LPD is 3-5
minutes, anywhere in the
City.

ATTACHMENT 1

Safety and Well-Being

Safety

Our public safety officers are invested in the lives


and happiness of our community. We work together
Infrastructure
to protect the small-town charm that Lakeport is
known for.

For each function, include the following information


Description of how this function helps find your inspiraCommunity Outreach and Safety
tion
At
the Lakeportof
Police
Department,
we are
Description
services
provided
dedicated
to working asand
a partner
with our
Accomplishments
outcomes
community and City government to provide
Fiscal
and budgetary
information
a safe environment
to live, performance
work, visit,
run
a
business
or
raise
a
family.
Our
City
Staff member highlight
enjoys
a very
crime rate
and provides
Picture
andlow
personal
statement
about what they do and
an exceptional quality of life. We are very proud to be a part of the team
it benefits
community
effort that hashow
contributed
to that the
success.
The Department is committed to

The City is often the


first responder to calls
for emergency service
outside the City limits in
the surrounding Lakeport
area.

providing high quality law enforcement services, consistent with professional


standards and best police practices, and to protecting and respecting the
rights of all citizens. The Department provides 24-hour police services to the
Lakeport community. Services include:

uniformed patrol and traffic enforcement

parking enforcement

criminal investigations

school resource officer services

animal control

property & evidence control

records & support services

community relations & crime prevention.

In an ongoing effort to reduce crime and increase public safety, the


department uses community policing methods and programs which include
Police Volunteers, Neighborhood Watch, DARE program and community
outreach through social media, presentations and personal contacts.

Police
Expenditures
Number of budgeted
sworn officers: 11
Total budget 2015-2016: $ 1,869,428
Total expenditures 2015: $ 1,723,286
Total 2013-2015:
$4,956,681

Video: Lakeport Resident Bill Kenner


Click on the image to view the video.

ATTACHMENT 1

Safety and Well-Being City of Lakeport Annual Report 2015 /

11

Citys Response to 2015 Fires

New Solid Waste Contract

Coordinated with CalFire for use


of County Fair Grounds, providing
logistical support, particularly in
water delivery and solid waste
removal.

Provided security of responding fire


agencies camp site at Westside
Park.

Provided Public Works staff in


evacuation efforts and traffic control,
most notably in the Clear Lake
Riviera area.

Westside Community Park

A group of Lakeport volunteers assembled financial and labor support


to create a community recreation park. The Westside Community Park
Committee was incorporated and received its nonprofit status on
November 1, 1999. The park is nestled on 60 acres of land set aside

Provided Police personnel to assist


with evacuation efforts in Cobb and
surrounding communities.

Provided management and technical


staff to support the command center
operations, most notably in the
areas of public information and GIS
mapping.

Total spent in support for the Rocky


and Valley Fires: over $42,000.

A new solid waste contract has been approved with a


franchise hauler.
Benefits of the contract include:

Ensures that City is meeting its solid waste


diversion requirements.

Strong focus placed on cost control for


residential and commercial customers.

Stronger oversight of billing and operations.

by the City of Lakeport.


The Committee leases
portions of the land for
Park development. As
phases are completed
the City of Lakeport
dedicates them as
parkland and assumes
the administration and
maintenance.

The park currently consists of two soccer fields, picnic areas,


regulation baseball and little league/softball fields, turf for
multiple soccer fields, a dog park and hiking trails. The group
has future plans to develop an equestrian
area, horse shoe pits, and pump track
within the park.
www.westsidecommunitypark.org

Discover
Your

Well-Being

Lakeport is a city driven by community


spirit. The City of Lakeport proudly
maintains our community-built Westside
Park. Our dedicated staff continues to
revitalize our roads and parks to keep
Lakeport a safe and beautiful city in which
to play and live.

Affordable Senior
Housing
Working closely with developers,
we helped complete a new housing
project in 2014, Bella Vista, offering
quality 48 unit residences for dozens
of low and moderate-income senior
citizens who have chosen Lakeport
to live out their golden years. Part
of this effort involved tailoring our
policies to move the project forward.
In the end, it was an incredible
triumph. Now in 2015, the same
developer is beginning the process
for another 32 units of housing for
low and moderate income seniors in
Lakeport. We also were successful
in securing grant funding in 2014
to support low income residents in
home rehabilitation and first time
homebuyer assistance.

12 / City of Lakeport Annual Report 2015

ATTACHMENT 1

Measure I

Highlights

I believe that the working team of elected officials


and community leaders who have come together
right now and will continue forward, would be pretty
hard to beat in any state. - Click the image below
for Part Three of the Mayors Message

2015 also held some


opportunities for growth and
ensured safety for the citizens
in the City of Lakeport.
Highlights from part three
include:

Economic
development
collaboration with
groups such as
LEDAC, regional
groups and
consultants

Discussion of the
impact of the 2015
fires on Lakeport and
its citizens

Expansion of the Nixle


program

Reflections on term
from Martin Scheel

ATTACHMENT 1

Measure I City of Lakeport Annual Report 2015 /

13

Where Does Funding Come From?


4,661

Enterprise Revenue

2,039

State Sales Tax

852
686

Property Tax
Grants and contributions

Licenses and Franchises


Other Revenue
Transient and other taxes
Fines and penalties

+5.9%

340
283

Use of Money and Property

174
154
41

$ Dollars in Thousands

increase in revenue from previous year


for general fund

How Are Funds Used?


Debt Service 7%
Loans / Grants 2%

Operations 16%

52 Budgeted Full Time Employees

CIP 52%

Salaries and Benefits 23%

Measure I

In 2015, this 0.5% sales tax provided $730,893 to fund repairs and maintenance of City streets,
parks and community service facilities, and expand public services and programs.
*$6.88 million has been collected since Measure I was enacted in 2004.

$488,088

$17,991

Roads and
Infrastructure

Public Safety

$12.3 million spent since 2004.

$20.4 million spent since 2004.

$224,813
Parks and
Recreation
$5.3 million spent since 2004.

For more information, view our Comprehensive Annual Financial Report at this link:
http://www.cityoflakeport.com/docs/Lakeport-CAFR,-2015-(protected)-324201691757PM.pdf

14 / City of Lakeport Annual Report 2015

ATTACHMENT 1

Economic Development

Discover
Your

Economy

Approximately 45%
of all jobs in the
county are located in
the Lakeport area.

Lakeports wonderful weather and exceptional


environment make it quite simply a great place
to live, work, and play.

Lakeport Demographics

The City of Lakeport was incorporated on April 30,


1888 as a general law city. As the administrative
seat for the County of Lake, and with a residential
population of more than 4,750 in a 3.1 squaremile area, Lakeport is graced with a strong business base and a well
established residential community.
Largest Employment Sectors:

Local Government

Healthcare

Recreation

Energy

Agriculture

Median Household Income:


$43,588
Total Lake County population under 18 years:
20.4%
Total Lake County population over 65 years:
20.6%
Male to female ratio is about 1:1
Total Lake County percentage of population with Bachelors degree or
higher:
16.2%

10.41% of property tax paid by Lakeport


residents and businesses is collected by
the City of Lakeport. The rest is allocated
primarily to schools and the County
of Lake, with the remainder going
to smaller special districts.

Video: Lakeport Resident Al Menchaca,


Owner, Old World Tavern
Click on the image to view the video.

ATTACHMENT 1

Economic Development City of Lakeport Annual Report 2015 /

South Main Street Annexation


The City of Lakeport stands ready to provide critical, high-quality, low-cost municipal services to the residents and business
owners along the South Main Street/Soda Bay Road corridor. Following the annexation process, the City will extend its water
infrastructure down South Main Street and portions of Soda Bay Road, while looping it to its main line across Highway 29 and
north along Parallel Drive. The benefits to current Lakeport citizens
include enhancing an efficient and reliable water delivery system and
realizing greater economies of scale, helping to keep costs low and
Housing Market
rates affordable to everyone.
Newly incorporated residents and businesses will have the choice to
connect to the system at that time, at a later time, or not at all. If
their choice is to connect, they will enjoy the same level of benefit as
each of the other 2,200 households and businesses that call Lakeport
home. Additionally, those newly incorporated into the City will receive
the full services the City has to offer, including police patrols, economic
development programs, infrastructure maintenance, and much more.

Lakeport market
trends indicate
an increase of
$55,500 (33%)
in median home
sales price over
the past year.

Economic
Development
Local businesses have suffered tremendously over the past several
years, and the focus of our economic development efforts must
remain on business retention. The Citys commitment to economic
development must be maintained through active advisement by the
Lakeport Economic Development Advisory Committee (LEDAC) and in
collaboration with the Lakeport Main Street Association, the Chamber
of Commerce, and the Countys marketing program.
Staff has been very active in pursuing a
regional economic development approach.
The County of Lake, with approximately
64,000 population, is not much more
populated that a mid-size city in California.
It is important for both the cities of Lakeport
and Clearlake to partner with the County
of Lake in marketing and promoting the
area through a regional approach. As
funding becomes scarce for activities
outside of core municipal services, the
need for regional cooperation becomes
more apparent. A working group from both
cities and the County continues with regular
meetings to discuss the opportunities and
the structure of a regional economic entity.
It is important to remember that as our
regional partners prosper, so do we.
At this time the City has approximately $2
million in redevelopment bond proceeds, $1.9
million of which are planned to be targeted
at Downtown Main Street for the coming
year. This will grow our efforts to promote
economic development, tourism, and
economic vitality for the City.

Sales Tax

1.5
cents

of every taxable
dollar spent in
Lakeport funds
critical services,
such as public
safety, road
maintenance, parks
and the westshore
pool.

15

16 / City of Lakeport Annual Report 2015

ATTACHMENT 1

Department Updates

Lakeport is a beautiful community. We work


to ensure it remains a wonderful place to raise
a family, enjoy retirement, recreate, and live a
healthy, fulfilling life. Those attributes will be maintained, in part, through the effective delivery of
municipal services. - City Manager,
Margaret Silveria

City Manager and City


Council
This dedicated team of
individuals developed and
created a budget plan to
achieve five City-wide goals as
follows:

Recruit and retain


key positions in the
organization

Engage in community
outreach in
neighborhoods and
promote community
involvement

Enhance the Citys


participation in
regional economic
development goals.

Complete the
Lakefront strategic
Plan

Continue to search
for and implement
efficiencies in service
delievery and cost
cutting strategies,
including the use of
solar power.

City Clerk
The City Clerk acts as
custodian of Lakeports official
city records and is responsible
for the codification of city
ordinances into municipal code.
The city clerk is also the
custodian of the official city
seal and must determine the
validity of City documents and
certify that they are official by
signatures and affixing the seal.

ATTACHMENT 1

Department Updates City of Lakeport Annual Report 2015 /

Administrative Services
City staff enhanced recruitment
efforts to attract out of
county candidates and create
a stronger, more capable
workforce. Evaluations
were conducted to assess
departmental training needs
and provide opportunities
for personal growth and
recognition of excellence. The
City of Lakeport is dedicated
to growing and developing a
dynamic and talented team of
enthusiastic individuals who
make Lakeport a wonderful
place to live and work.

Police Department
A new home for the Lakeport
Police Department is palnned.
The building which previously
housed the Social Security
Department on South Main
Street is a great location for the
new facility. We capitalized on
the opportunity, and acquired
the building using the most
cost effective resources
available. The City was able to
finance the project with a low
interest loan through the USDA
Community Facilities Program.
The Police Department is
scheduled to move in late
summer 2016. The Lakeport
Police Department hired its 11th
Police Officer for higher crime
prevention in Lakeport. Body
cameras were also purchased
for officers as well as replaced
MAV units. Extensive community
outreach was also provided to

Parks, Buildings and


Grounds,

Westshore Pool

Finance and IT

Water Operations and


Maintenance

New financial and customer


service software implemented.
This is a great asset to
our Finance Department,
the community, and to our
organization as a whole.
Accounting, reporting,
budgeting, and customer
service are enhanced and
made more effective with this
new system. It is the result
of the tremendous effort and
dedication to the project by
the Finance Department staff
that made it possible. The
Finance Department is also
actively working to complete
the installation process on a
new city-wide phone system.
Along with extensive efforts to
increase financial transparency
and community involvement,
the City of Lakeport has been
awarded the Distinguished
Budget Presentation Award for
the third year in a row.

Sewer Operations and


Maintenance

CLMSD Special
Projects

increase neighborhood watch


programs.

Public Works
and Utilities
To enhance services to the
community while reducing
costs, the City of Lakeport
Public Works Department has
been merged with the Utilities
Department to incorporate
the enterprise activities of
water and sewer services.
The restructured Public Works
Department now consists of
seven distinct divisions, each
with its own unique function and
purpose. They are as follows:

Administration and
Compliance

Roads and
Infrastructure

Community Development
The Community Development
Department is comprised
of three divisions: Planning,
Housing, and Building. Each
division has various roles
in the review and approval
process of new development
projects, inspections and
code enforcements. City
staff worked closely with
local businesses and the
general public to strengthen
economic bonds within the
community and surrounding
counties. Continuous efforts
have been made to assist in
the implementation of major
grants and programs to benefit
Lakeport including first time
homebuyer, the rehabilitation
grant through the HOME
program and Habitat for
Humanity.

Economic Development
The staff is committed to
involvement with crucial
economic development
organizations within Lake
County such as the Lakeport

17

Economic Development
Advisory Committee (LEDAC),
the Lakeport Main Street
Association and Lake County
Chamber of Commerce.
City staff sits on boards
at Marymount College,
Mendocino College and
Sutter Lakeside Hospital.
The Economic Development
Department completed an
extensive Carnegie Library
reuse feasibility study to make
the historical structure ADA
compliant and to review the
best implementation strategies
for the benefit of Lakeport
businesses and residents.

2015 was a very busy


year for the Citys dedicated and hardworking
staff. Long hours and
hard work were involved
in the planning of several critical projects,
including the Downtown
Main Street revitalization, USDA water and
sewer infrastructure
rehab, and various road
resurfacing and rehab
efforts, just to name a
few. This was in addition
to the regular day-to-day
work that staff attended
to. This year will be time
to see these through and
to deliver to Lakeport
what was promised.

18 / City of Lakeport Annual Report 2015

ATTACHMENT 1

Audited FInancials

GENERAL FUND
June 30, 2015

Balance Sheet
General
ASSETS
Cash and Investments
Restricted cash and investments
Receivables, net of allowance for uncollectables:
Interest
Taxes
Notes
Grants and subventions
Accounts and other
Prepaids
Due from other funds
Advances to other funds
Land held for resale
Total assets
LIABILITIES
Accounts payable
Accrued payroll liabilities
Total liabilities
DEFERRED INFLOW OF RESOURCES
Unavailable revenue - business license tax
Total deferred inflow or resources
FUND BALANCE
Nonspendable:
Loans receivable
Long-term interfund advances
Restricted:
Law enforcement
Parks and recreation
Committed:
Revenue stabilization
Assigned:
General reserves
Subsequent years budget: appropriation of fund balance
Debt service reserve
Unassigned (deficit)
Total Fund Balance
Total Liabilities and Fund Balance

$1,085,669
26,696
1,079
339,136
24,998
171,608
103,240
55,221
1,095,275
349,565
$3,252,487

271,001
43,442
314,443

22,459
22,459

24,533
349,565
9,091
5,000
362,095
1,750,630
304,671
110,000
2,915,585
$3,252,487

Revenues, Expenditures, and Changes in Fund Balance


By Major Category
% of Revenue
REVENUE
Taxes:
Sales
$2,038,604
50.8%
Property
852,111
21.3%
Transient Occupancy
57,700
1.4%
Business licenses
92,105
2.3%
Other taxes
4,051
0.1%
Licenses, permits, and franchises
283,032
7.1%
Fines, forfeitures, and penalties
41,435
1.0%
Use of money and property
116,514
2.9%
Intergovernmental revenue
270,643
6.8%
Charges for service
79,183
2.0%
Other revenue
173,800
4.3%
Total revenue
4,009,178 100.0%
EXPENDITURES
Current:
General Government:
Council
Administration
Attorney
Finance
Non-departmental
Community Development:
Planning
Building
Roads and Infrastructure
Public Works
Engineering and Information Technology
Housing and support programs
Economic development
Public safety
Parks, buildings, and grounds
Total expenditures

86,231
199,860
92,013
140,577
337,763

2.2%
5.0%
2.3%
3.5%
8.4%

175,238
135,595

4.4%
3.4%

717,894
329,648
7,763
26,592
1,638,359
535,584
4,423,117

17.9%
8.2%
0.2%
0.7%
40.9%
13.4%

Excess of revenue over


(under) expenditures

$(413,939)

OTHER FINANCING SOURCES (USES)


Transfers in
Transfers out
Total other
Net change in fund balance

$16,035
16,035
$(397,904)

-10.3%

ATTACHMENT 1

Audited Financials City of Lakeport Annual Report 2015 /

19

CITY-WIDE

June 30, 2015

Statement of Net Position


ASSETS
Cash and investments:
Available for operations
Restricted cash
Receivables (net allowance for uncollectables)
Inventory and prepaids
Notes receivable
Capital assets not being depreciated:
Land
Construction in progress
Capital assets, net of accumulated depreciation:
Buildings and improvements
Machinery, equipment, and vehicles
Total assets
DEFERRED OUTFLOWS OF RESOURCES
Deferred outflow of resources related to pension (Note 11)
Total deferred outflows of resources
LIABILITIES
Accounts payable
Accrued payroll liabilities
Interest payable
Deposits payable
Due within one year
Intergovernmental payable
Due in more than one year
Net pension liability
Net OPEB liability
Total liabilities
DEFERRED INFLOWS OF RESOURCES
Unavailable revenue - business license tax
Deferred inflow of resources related to pension (Note 11)
Total deferred inflows of resources
NET POSITION
Net investment in capital assets
Restricted:
Law enforcement
Parks and recreation
Housing programs
Economic development programs
Transportation infrastructure
Assessment district
Debt service reserve
Depreciation reserve
Capital purposes
Expansion activities
Unrestricted
Total net position

$4,287,933
3,449,963
1,568,988
135,816
3,222,286
4,128,386
3,128,788
20,905,994
1,197,330
42,025,484

Statement of Activities By Major Category


REVENUE
General Revenue:
Sales taxes
Property taxes
Transient and other taxes
Licenses, and franchises
Fines, forfeitures, and penalties
Use of money and property
Other Revenue
Enterprise revenue and other charges for service:
Water
Sewer
Community development
Other
Grants and contributions
Total operating revenue

% of Revenue

$2,038,604
852,111
153,856
283,032
41,435
340,204
173,800

22.1%
9.2%
1.7%
3.1%
0.4%
3.7%
1.9%

1,826,264
2,786,791
22,087
25,852
686,405
9,230,441

19.8%
30.2%
0.2%
0.3%
7.4%
100.0%

2,352,867
1,195,518
13,463
91,617
458,806
69,786
33,416

25.5%
13.0%
0.1%
1.0%
5.0%
0.8%
0.4%

882,745
159,132
64,632
48,054
3,324,489
518,162
9,212,687
$17,754

9.6%
1.7%
0.7%
0.5%
36.0%
5.6%
99.8%
0.2%

636,009
636,009

776,395
410,279
227,279
36,977
410,797
45,515
13,400,053
6,820,110
725,606
22,853,011

22,459
1,433,388
1,455,847

16,929,516
177,846
5,000
2,789,635
485,577
721,777
879,113
346,762
155,586
1,260,372
1,184,717
(6,583,266)
$18,352,635

EXPENSES (by major category)


Current:
Personnel:
Salaries
Benefits
Part-time
Overtime and standby
Retiree health
Compensated absences (paid leave)
Other
Operations:
Professional services
Special departmental
Dues and subscriptions
Travel and training
Other operating expenses
Interest
Total operating expenses
Changes in net position from operations

For additional details on the Citys finances,


please refer to its 2015 Comprehensive Annual
Financial Report (CAFR), found on the Citys
website, www.cityoflakeport.com, under Hot
Topics.

ATTACHMENT 1

2015
Annual Report

We thank the following for their contributions in compiling this report:


Dan Buffalo- Finance Director, City of Lakeport; Martin Scheel- Lakeport Mayor 2015; Jessica King- Graphic
Design; Donald Macken- Videography; Shelly Mascari- Project Consultant; Nathan De Hart Photography- Lake
County Photos; Bill Kenner- Lakeport resident; Jeff Kramer- owner of Main Street Bikes; Tim OMeara- owner
of OMeara Bros. Brewery and Restaurant and OMeara Brothers Image; Al Menchaca- owner of Old World
Tavern; James Meek- owner of The Soap Shack.

CITY OF LAKEPORT
City Council
City of Lakeport Municipal Sewer District
Lakeport Redevelopment Successor Agency
Lakeport Industrial Development Agency
Municipal Financing Agency of Lakeport

STAFF REPORT
RE:

MEETING DATE:

Utility Payment Delinquency Procedures (Water)

SUBMITTED BY:

6/21/2016

Daniel Buffalo, Finance Director

PURPOSE OF REPORT:

Information only

Discussion

Action Item

WHAT IS BEING ASKED OF THE CITY COUNCIL/BOARD:


The City Council is being asked to hold a public hearing and adopt an ordinance authorizing the City to place
delinquent water utility customer accounts on the property tax roll when necessary and appropriate.
BACKGROUND/DISCUSSION:
Several options are available to the City in the collection of delinquent water utility accounts for its water
enterprise. The most powerful collection tool is through the property tax collection process and is applicable to
any water utility customer receiving water service with a delinquent account. This ordinance establishes
procedures for placing delinquent water utility accounts on the tax roll for collection as required by applicable
state law, including notice and a public hearing for affected landowners. The City Council has the ultimate
decision at the public hearing on whether to place the delinquent water utility charges on the tax roll.
The City has been in the practice for several years of referring such accounts to the County Auditor-Controller
for inclusion on the tax roll. It has regularly done so on an annual basis and has reserved the process for those
accounts that were significantly delinquent or deemed to be uncollectable using alternative methods.
OPTIONS:
1. Hold a public hearing and adopt an Ordinance Amending Section 13.04.060 of Chapter 13.04 of Title 13
of the Lakeport Municipal Code Regarding Delinquent Water Charges.
2. Do not approve but provide direction to staff.
FISCAL IMPACT:
None

$0.00

Budget Adjustment Needed?


Affected fund(s):

Budgeted Item?
Yes

General Fund

No

Yes

No

If yes, amount of appropriation increase:

Water OM Fund

Sewer OM Fund

Other:

Comments: This action in of itself does not result in a fiscal impact. There is no charge to the City to place
delinquent accounts on the tax roll. The aggregate dollar amount of delinquent accounts sent to the County
Auditor-Controller for inclusion on the tax roll historically has been between $10,000 - $20,000, and due to the
manner in which property tax is collected, the collection success rate has been high.
Meeting Date: 06/21/2016
165719.1

Page 1

Agenda Item #VI.A.1.

SUGGESTED MOTIONS:
Adopt the proposed Ordinance Amending Section 13.04.060 of Chapter 13.04 of Title 13 of the Lakeport
Municipal Code Regarding Delinquent Water Charges

Attachments:

Meeting Date: 06/21/2016


165719.1

Ordinance No.________(2016) Water

Page 2

Agenda Item #VI.A.1.

ATTACHMENT 1

ORDINANCE NO. ________(2016)


AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF LAKEPORT AMENDING SECTION 13.04.060
OF CHAPTER 13.04 OF TITLE 13 OF THE LAKEPORT
MUNICIPAL CODE REGARDING DELINQUENT WATER CHARGES
WHEREAS, article XI, sections 7 and 9 of the California Constitution and California
Government Code sections 54343 and 54344 authorize the City to adopt reasonable rules and
regulations, and prescribe, revise, and collect charges for the services, facilities, or water it
furnishes;
WHEREAS, California Health and Safety Code sections 5470 et seq. authorize the City by
ordinance adopted by a two-thirds vote of the City Council to prescribe, revise and collect, fees,
tolls, rates, rentals or other charges for services and facilities it furnishes in connection with its
water service;
WHEREAS, California Health and Safety Code sections 5473 and 5473a authorize the City
by ordinance adopted by a two-thirds vote of the City Council to elect to collect delinquent
water charges on the tax roll in the same manner and at the same time as general taxes;
WHEREAS, Lakeport Municipal Code section 13.04.050 requires the City Council by
resolution to prescribe the charges for water and the manner, the time of payment, and the
method of collection thereof;
WHEREAS, Lakeport Municipal Code section 13.04.060 provides that all charges for
water shall be a charge upon the property upon which such water is furnished and shall
constitute a lien on said property; and
WHEREAS, the City has experienced a significant number of delinquent water charges in
recent years and desires to provide for collection of such delinquent charges on the tax roll.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKEPORT DOES ORDAIN AS
FOLLOWS:
Section 1.

Amendment to Water System Ordinance

Section 13.04.060 of Chapter 13.04 of Title 13 of the Lakeport Municipal Code is hereby
amended to read as follows:
13.04.060 ChargesLien.
A.
All charges for water shall be a charge upon the property upon which such water is
furnished, and shall constitute a lien on said property; and such lien on the property; and such
1

ATTACHMENT 1

lien may be enforced in any court of competent jurisdiction in the manner that mortgages are
foreclosed provided in the Code of Civil Procedure of the state. Such charges shall also be a
personal charge against the owner or occupant of the property (at the option of the city water
department) and may be collected by suit therefor.
B.
Each applicant or owner or occupant of any premises supplied with water shall be
responsible for water bills from the time the use of water is commenced until the collector of
the waterworks system shall be notified in writing to discontinue such service.
C.
Any fees, charges and penalties authorized pursuant to this chapter which remain
unpaid after the delinquent dates provided pursuant to section 13.04.050 may be collected
thereafter by the city as provided in this section and otherwise as allowed by law.
1. The city council shall cause a report of delinquent water fees, charges and penalties to
be prepared periodically. The city council shall fix a time, date and place for hearing the
report and any objections or protests thereto.
2. The city council shall cause notice of hearing to be mailed to the landowners listed on
the report not less than fifteen days prior to the date of the hearing.
3. At the hearing, the city council shall hear any objections or protests of landowners liable
to be assessed for delinquent fees, charges and/or penalties. The city council may make
such revisions or corrections to the report as it deems just, after which, by resolution, the
report shall be confirmed.
4. The delinquent fees, charges and/or penalties set forth in the report as confirmed shall
constitute special assessments against the respective parcels of land, and are a lien on the
property for the amount of such delinquent fees, charges and/or penalties and costs
incurred by the City as authorized by this chapter. A certified copy of the confirmed report
shall be filed with the city clerk, or auditor appointed by the city council, for amounts of the
respective parcels of land as they appear on the current assessment roll. The lien created
attaches upon recordation, in the office of the county recorder, of a certified copy of the
resolution of confirmation. The assessment shall be collected at the same time and in the
same manner as other property taxes and penalties and the same procedure and sale in
case of delinquency as provided for such taxes. All laws applicable to the levy, collection and
enforcement of city ad valorem property taxes shall be applicable to such assessment.
Section 2.

Effect of Ordinance.

It is the intent of the City Council that Lakeport Municipal Code section 13.04.060 by this
Ordinance shall not be considered repealed and reenacted in its amended form; that the
portions which are not altered are to be considered as having been the law from the time when
they were enacted; that the new provisions are to be considered as having been enacted at the
time of the amendment; and that the omitted portions are to be considered as having been
repealed at the time of the amendment.
2

ATTACHMENT 1

Section 3.

CEQA.

The adoption of this Ordinance is exempt from the California Environmental Quality Act (Public
Resources Code 21000 et seq. (CEQA) and 14 Cal. Code Reg. 15000 et seq. (CEQA
Guidelines). Collection of delinquent fees, charges and/or penalties is not a project within the
meaning of CEQA Guidelines section 15378. The collection of delinquent fees, charges and/or
penalties is a government fiscal activity which does not involve any commitment to any specific
project which may result in a potentially significant physical impact on the environment.
Therefore, the adoption of this Ordinance is not a project within the meaning of CEQA pursuant
to CEQA Guidelines section 15378(b)(4).
Section 4.

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 5.

Effective Date.

This ordinance shall become effective 30 days after the date of adoption pursuant to
Government Code section 36937.
Section 6.

Posting.

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 7th day of June, 2016, by the following vote:
AYES: Mayor Spillman, Council Members Mattina, Parlet, Scheel and Turner
NOES: None
ABSENT: None
ABSTAINING: None
This Ordinance was duly enacted by the City Council of the City of Lakeport at a regular
meeting thereof on the 21st day of June, 2016, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINING:
3

ATTACHMENT 1

_________________________________
MARC SPILLMAN , Mayor

ATTEST:
_____________________________
KELLY BUENDIA, City Clerk

CITY OF LAKEPORT
City Council
City of Lakeport Municipal Sewer District
Lakeport Redevelopment Successor Agency
Lakeport Industrial Development Agency
Municipal Financing Agency of Lakeport

STAFF REPORT
RE:

MEETING DATE:

Utility Payment Delinquency Procedures (Sewer)

SUBMITTED BY:

6/21/2016

Daniel Buffalo, Finance Director

PURPOSE OF REPORT:

Information only

Discussion

Action Item

WHAT IS BEING ASKED OF THE CITY COUNCIL/BOARD:


The City Council acting as the Board of Directors of the City of Lakeport Municipal Sewer District No. 1 (CLMSD)
is being asked to hold a public hearing and adopt an ordinance authorizing the CLMSD to place delinquent sewer
utility customer accounts on the property tax roll when necessary and appropriate.
BACKGROUND/DISCUSSION:
Several options are available to the CLMSD in the collection of delinquent sewer utility accounts for its sewer
enterprise. The most powerful collection tool is through the property tax collection process and is applicable to
any sewer utility customer receiving sewer service with a delinquent account. This ordinance establishes
procedures for placing delinquent sewer utility accounts on the tax roll for collection as required by applicable
state law, including notice and a public hearing for affected landowners. The Board of Directors has the ultimate
decision at the public hearing on whether to place the delinquent sewer utility charges on the tax roll.
The CLMSD has been in the practice for several years of referring such accounts to the County Auditor-Controller
for inclusion on the tax roll. It has regularly done so on an annual basis and has reserved the process for those
accounts that were significantly delinquent or deemed to be uncollectable using alternative methods.
OPTIONS:
1. Hold a public hearing and adopt an Ordinance Amending Section 13.20.560 of Chapter 13.20 of Title 13
of the Lakeport Municipal Code Regarding Delinquent Sewer Charges.
2. Do not approve but provide direction to staff.
FISCAL IMPACT:
None

$0.00

Budget Adjustment Needed?


Affected fund(s):

Budgeted Item?
Yes

General Fund

No

Yes

No

If yes, amount of appropriation increase:

Water OM Fund

Sewer OM Fund

Other:

Comments: This action in of itself does not result in a fiscal impact. There is no charge to the CLMSD to place
delinquent accounts on the tax roll. The aggregate dollar amount of delinquent accounts sent to the County
Auditor-Controller for inclusion on the tax roll historically has been between $10,000 - $20,000, and due to the
manner in which property tax is collected, the collection success rate has been high.
Meeting Date: 06/21/2016
165720.1

Page 1

Agenda Item #VI.A.1.

SUGGESTED MOTIONS:
Adopt the proposed Ordinance Amending Section 13.20.560 of Chapter 13.20 of Title 13 of the Lakeport
Municipal Code Regarding Delinquent Sewer Charges

Attachments:

Meeting Date: 06/21/2016


165720.1

1. Ordinance No.________(2016) Sewer

Page 2

Agenda Item #VI.A.1.

ATTACHMENT 1

ORDINANCE NO. ________(2016)


AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKEPORT
ACTING AS THE BOARD OF DIRECTORS OF THE CITY OF LAKEPORT
MUNICIPAL SEWER DISTRICT NO. 1 AMENDING SECTION 13.20.560 OF
CHAPTER 13.20 OF TITLE 13 OF LAKEPORT MUNICIPAL CODE
REGARDING DELINQUENT SEWER CHARGES
WHEREAS, the City Council of the City of Lakeport acts as the Board of Directors of the
City of Lakeport Municipal Sewer District No. 1 (CLMSD) with all of the powers and rights of
such District;
WHEREAS, article XI, sections 7 and 9 of the California Constitution and California
Government Code sections 54343 and 54344 authorize CLMSD to adopt reasonable rules and
regulations, and prescribe, revise, and collect charges for the sewer services and facilities it
furnishes;
WHEREAS, California Health and Safety Code sections 5470 et seq. authorize CLMSD, by
ordinance adopted by a two-thirds vote of the Board of Directors, to prescribe, revise and
collect, fees, tolls, rates, rentals or other charges for services and facilities it furnishes in
connection with its sanitation or sewerage system;
WHEREAS, California Health and Safety Code sections 5473 and 5473a authorize CLMSD,
by ordinance adopted by a two-thirds vote of the Board of Directors, to elect to collect
delinquent sewer charges on the tax roll in the same manner and at the same time as general
taxes;
WHEREAS, Lakeport Municipal Code section 13.20.540 requires the Board of Directors
to set the sewer service charge from time to time;
WHEREAS, Lakeport Municipal Code section 13.20.560 provides that all fees, charges
and penalties made in connection with sewer service are due and payable upon receipt of
notice thereof and that all amounts become delinquent thirty days after the date of invoice;
and
WHEREAS, CLMSD has experienced a significant number of delinquent sewer charges in
recent years and desires to provide for collection of such delinquent charges on the tax roll.
NOW THEREFORE THE CITY COUNCIL OF THE CITY OF LAKEPORT, SITTING AS THE
BOARD OF DIRECTORS OF THE CITY OF LAKEPORT MUNICIPAL SEWER DISTRICT NO. 1 DOES
ORDAIN AS FOLLOWS:
1

ATTACHMENT 1

Section 1.
Section 13.20.560 of Chapter 13.20 of Title 13 of the Lakeport Municipal Code is
hereby amended to read as follows:
13.20.560 Payment of fees, charges and delinquencies Creation of lien.
A.
Except as otherwise provided, all fees, charges and penalties made pursuant to the
provisions of this chapter are due and payable upon receipt of notice thereof. All such amounts
shall become delinquent thirty days after the date of invoice.
B.

A penalty for delinquent accounts will be charged in accordance with the following:
1.
Thirty days after the date of invoice, a penalty of ten percent of the base invoice
amount, not to exceed a maximum of one thousand dollars.
2.
Ninety days after the date of invoice, an additional penalty of ten percent of the
base invoice amount shall be imposed; the cumulative total of the penalties will not
exceed a maximum of four thousand dollars.

C.
Any invoice outstanding and unpaid after ninety days will be cause for immediate
initiation of permit revocation proceedings.
D.
Penalties charged under this section shall not accrue to those invoices successfully
appealed, provided the CLMSD receives written notification of said appeal prior to the payment
due date. Payment of disputed charges is still required during CLMSD review of any appeal
submitted by users.
E.
Any fees, charges and penalties authorized pursuant to this chapter which remain
unpaid after the delinquent dates as set forth in this section may be collected thereafter by the
CLMSD as provided in this section and otherwise as allowed by law.
1.
The CLMSD shall cause a report of delinquent sewer fees, charges and penalties
to be prepared periodically. The CLMSD shall fix a time, date and place for hearing the
report and any objections or protests thereto.
2.
The CLMSD shall cause notice of the hearing to be mailed to the landowners
listed on the report not less than fifteen days prior to the date of the hearing.
3.
At the hearing, the CLMSD shall hear any objections or protests of landowners
liable to be assessed for delinquent fees, charges and/or penalties. The CLMSD may
make such revisions or corrections to the report as it deems just, after which, by
resolution, the report shall be confirmed.
4.
The delinquent fees, charges and/or penalties set forth in the report as
confirmed shall constitute special assessments against the respective parcels of land,
and are a lien on the property for the amount of such delinquent fees, charges and/or
penalties and costs incurred by the CLMSD as authorized by this chapter. A certified
2

ATTACHMENT 1

copy of the confirmed report shall be filed with the clerk, or auditor appointed by the
CLMSD, for amounts of the respective parcels of land as they appear on the current
assessment roll. The lien created attaches upon recordation, in the office of the county
recorder, of a certified copy of the resolution of confirmation. The assessment may be
collected at the same time and in the same manner as other property taxes and
penalties and the same procedure and sale in case of delinquency as provided for such
taxes. All laws applicable to the levy, collection and enforcement of ad valorem property
taxes shall be applicable to such assessment.
Section 2.

Effect of Ordinance.

It is the intent of the Board of Directors that Lakeport Municipal Code section 13.20.560 by this
Ordinance shall not be considered repealed and reenacted in its amended form; that the
portions which are not altered are to be considered as having been the law from the time when
they were enacted; that the new provisions are to be considered as having been enacted at the
time of the amendment; and that the omitted portions are to be considered as having been
repealed at the time of the amendment.
Section 2.

CEQA.

The adoption of this Ordinance is exempt from the California Environmental Quality Act (Public
Resources Code 21000 et seq. (CEQA) and 14 Cal. Code Reg. 15000 et seq. (CEQA
Guidelines). Collection of delinquent fees, charges and/or penalties is not a project within the
meaning of CEQA Guidelines section 15378. The collection of delinquent fees, charges and/or
penalties is a government fiscal activity which does not involve any commitment to any specific
project which may result in a potentially significant physical impact on the environment.
Therefore, the adoption of this Ordinance is not a project within the meaning of CEQA pursuant
to CEQA Guidelines section 15378(b)(4).
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 Board of Directors 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 pursuant to
Government Code section 36937.

ATTACHMENT 1

Section 5.

Posting.

The 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 acting as
the Board of Directors of the City of Lakeport Municipal Sewer District No. 1 at a regular
meeting thereof on the 7th day of June, 2016, by the following vote:
AYES: Mayor Spillman, Council Members Mattina, Parlet, Scheel, and Turner
NOES: None
ABSENT: None
ABSTAINING: None
This Ordinance was duly enacted by the City Council of the City of Lakeport acting as the
Board of Directors of the City of Lakeport Municipal Sewer District No. 1 at a regular meeting
thereof on the 21st day of June, 2016, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINING:

_________________________________
MARC SPILLMAN, Chair

ATTEST:
_____________________________
KELLY BUENDIA, Clerk

CITY OF LAKEPORT
City Council
City of Lakeport Municipal Sewer District
Lakeport Redevelopment Successor Agency
Lakeport Industrial Development Agency
Municipal Financing Agency of Lakeport

STAFF REPORT
RE:

Final Sewer Rate Adjustment Delay and Public Hearing

SUBMITTED BY:

MEETING DATE:

6/21/2016

Daniel Buffalo, Finance Director

PURPOSE OF REPORT:

Information only

Discussion

Action Item

WHAT IS BEING ASKED OF THE CITY COUNCIL/BOARD:


Hold a public hearing on, and consider staff recommendation to, delaying the final adjustment to the sewer
enterprise and reduce sewer rates for vacant service addresses.
BACKGROUND/DISCUSSION:
Council adopted rate adjustments to the water and sewer enterprises following a cost of service study in 2012.
Staff recently analyzed the effects of those adjustments, taking into consideration the drought and subsequent
water conservation measures. That analysis indicates that revenues are sufficient currently to account for those
anticipated in the 2016-17 fiscal year and suggests that the final rate increase to the sewer enterprise,
scheduled for July 1, 2016, could be delayed one year.
Additionally, staff is recommending reducing the sewer rate charged to rate payers at service addresses where
water service is not being received and where it is vacant of occupants.
OPTIONS:
1. Conduct a public hearing on delaying the final rate adjustment and approve the recommendation as
presented by staff to delay the July 1, 2016 sewer rate adjustment to July 1, 2017 and reduce the sewer
rate for all accounts for which the service address is vacant and not receiving water service to half the
current rate for the appropriate service/customer class.
2. Do not approve but provide direction to staff.
FISCAL IMPACT:
None

Budgeted Item?

Budget Adjustment Needed?


Affected fund(s):

Yes

General Fund

Yes
No

No
If yes, amount of appropriation increase: $

Water OM Fund

Sewer OM Fund

Other:

Comments: Sewer rates are expected to be 7% higher than anticipated in 2016 adequately capturing the
revenue requirement for sewer operations, debt service, reserve enhancement, and capital improvements for
this time period. Delay of the final adjustment is not expected to adversely impact the sewer enterprise in 2016.

Meeting Date: 6/21/2016

Page 1

Agenda Item #VI.B.1.

SUGGESTED MOTIONS:
Move to adopt the proposed resolution amending Resolution 2486 (2013) and Resolution 2478 (2013) establishing
sewer rates, fees and charges to delay the date of monthly service charge increases.
Attachments:

Meeting Date: 6/21/2016

1. Proposed Resolution______(2016)

Page 2

Agenda Item #VI.B.1.

ATTACHMENT 1

RESOLUTION NO. ____ (2016)


A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LAKEPORT ACTING AS THE GOVERNING BOARD OF THE CITY
OF LAKEPORT MUNICIPAL SEWER DISTRICT NO. 1 (CLMSD)
AMENDING RESOLUTION NO. 2486 (2013) AND RESOLUTION NO.
2478 (2013) ESTABLISHING SEWER RATES, FEES AND CHARGES
TO DELAY THE DATE OF MONTHLY SERVICE CHARGE
INCREASES
WHEREAS, pursuant to Chapter 13.20 of the City of Lakeport Municipal Code, the Governing
Board of the City of Lakeport Municipal Sewer District No. 1 (CLMSD) may fix rates and fees for
sewer service within the City of Lakeport;
WHEREAS, pursuant to Chapter 13.20 of the City of Lakeport Municipal Code, the CLMSD
Board of Directors must establish sewer fees by resolution;
WHEREAS, the CLMSD Board of Directors wishes to adopt sewer rates and charges that
are equitable and fairly distribute the burden of system costs among the various classes of
customers;
WHEREAS, the CLMSD Board of Directors wishes to adopt sewer rates and charges in
conjunction with the proposed budgetary needs of the sewer collection and treatment utility;
WHEREAS, pursuant to Resolution No. 2463 (2012), the CLMSD Board of Directors
adopted sewer rates after notice and hearing pursuant to article XIII D, section 6, subdivision (a) of
the California Constitution, at which no majority protest occurred;
WHEREAS, the CLMSD Board of Directors amended Resolution No. 2463 (2012) on July
16, 2013 to reduce rates for the volumetric charge for commercial customers under Resolution No.
2478 (2013);
WHEREAS, the CLMSD Board of Directors authorized the initial increase in monthly
service charges to begin on July 1, 2013 under Resolution No. 2463 (2012);
WHEREAS, the CLMSD Board of Directors desires the next monthly service charge
adjustment to occur after 12 months and therefore to begin on July 1, 2014, and increasing each year
thereafter through July 1, 2018;
WHEREAS, a public hearing was held on October 1, 2013, to consider the proposed delay
of yearly monthly service charge increases for six months; and
WHEREAS, the sewer rates, fees, and charges adopted by this Resolution No. ____ (2016)
are not an increase in rates, but instead serve only to delay the yearly increases authorized by
Resolution No. 2463 (2012).

120946.2

ATTACHMENT 1

NOW, THEREFORE, BE IT RESOLVED THAT:


The City Council of the City of Lakeport, sitting as the governing body of the City of
Lakeport Municipal Sewer District No. 1, determines that:
1.

EVIDENCE

The City Council has considered all of the evidence submitted into the administrative record,
which includes, but is not limited to, the following:
Board);

a. The staff presentations at the public hearing conducted by the City Council (CLMSD

b. Public comments, both written and oral, received and/or submitted at, or prior to, the
public hearing(s) supporting and/or opposing the staff recommendation.
2.

FINDINGS

In view of all of the evidence and based on the foregoing findings, the City Council
(CLMSD Board) concludes as follows:
a. The proposed sewer rates and charges are equitable and do fairly distribute the burden of
cost among the various classes of customers;
b. The proposed sewer rates and charges will meet the current budgetary needs of the
sewer utility;
c. The proposed sewer rates and charges meet the revenue requirements necessary to
adequately operate the sewer utility system;
d. Rates for sewer accounts that do not have an active, associated water account and for
which the service address is vacant shall not be charged an amount greater than half of the current
rate for appropriate sewer services;
d. The proposed sewer rates and charges comply with the requirements of article XIII D,
section 6, subdivision (b) for the reasons stated in rate analysis performed by HDR, Inc. in
connection with Resolution No. 2463 (2012).
3.

SEWER USER RATES

Pursuant to Municipal Code Section 13.20.060, the City Council, acting as the CLMSD
Board of Directors, hereby amends the following rates imposed under Resolution No. 2463 (2012)
and establishes the following sewer user rates for Sewer Service within the sewer utility service area.
For sewer accounts where the service address is vacant and water service is not available or in use,
rates for these accounts shall not exceed one half of the appropriate current rates in effect.

Resolution No. ____ (2016)


120946.2

Page 2

ATTACHMENT 1

A. Single-Dwelling Unit Residential Customers


1. Applicable to Single-Dwelling Unit Residential Customers, duplexes, triplexes, and
mobile homes.
2. Monthly Service Charge shall be effective as follows:
Effective Date:
North Amount:
South Amount:

7/1/2013 7/1/2014 7/1/2015 7/1/2016 7/1/2017


$53.25
$62.52
$70.07
$70.07
$74.25
$55.60
$65.00
$70.07
$70.07
$74.25

B. Schedule B Apartments
1. Applicable to apartments.
2. Monthly Service Charge shall be effective as follows:
Effective Date:
North Amount:
South Amount:

7/1/2013 7/1/2014 7/1/2015 7/1/2016 7/1/2017


$42.40
$49.30
$54.00
$54.00
$57.25
$42.70
$49.80
$54.00
$54.00
$57.25

C. Schedule D Commercial Customers


1. Applicable to commercial, industrial, governmental, temporary construction, and any
other sewer service for which no rate schedule is specified.
2. Monthly Service Charges shall be effective as follows:
Effective Date:
North Amount:
South Amount:

7/1/2013 7/1/2014 7/1/2015 7/1/2016 7/1/2017


$53.25
$62.52
$70.07
$70.07
$74.25
$55.60
$65.00
$70.07
$70.07
$74.25

3. Volume Charge
a.
There shall be no additional charge for first 10 hundred cubic feet of water
served to an account per month.
b.
When water served to an account exceeds 10 hundred cubic feet per month,
an additional volume charge per each hundred cubic feet shall be charged.
Effective Date:
0-10 CCF
Above 10 CCF

7/1/2013 7/1/2014 7/1/2015 7/1/2016 7/1/2017


$0.00
$0.00
$0.00
$0.00
$0.00
$6.43
$7.59
$8.31
$8.31
$8.81

Except as amended by this Resolution, the rates adopted by Resolution No. 2463 (2012), as
amended by Resolution No. 2478 (2013), remain in full force and effect.

Resolution No. ____ (2016)


120946.2

Page 3

ATTACHMENT 1

This resolution was considered at a public hearing held on June 21, 2016, and was adopted
by the CLMSD Board of Directors at a meeting held on June 21, 2016, by the following vote:
AYES:
NOES:
ABSTAINING:
ABSENT:
_________________________________
MARC SPILLMAN,
Mayor / Chairperson

ATTEST:
____________________________________
KELLY BUENDIA,
City Clerk/ Secretary

Resolution No. ____ (2016)


120946.2

Page 4

CITY OF LAKEPORT
City Council
City of Lakeport Municipal Sewer District
Lakeport Redevelopment Successor Agency
Lakeport Industrial Development Agency
Municipal Financing Agency of Lakeport

STAFF REPORT
RE:

Approve a New Job Classification for a City Engineer /Public


Works Director

SUBMITTED BY:

MEETING DATE:

6/21/2016

Kelly Buendia, Administrative Services Director

PURPOSE OF REPORT:

Information only

Discussion

Action Item

WHAT IS BEING ASKED OF THE CITY COUNCIL/BOARD:


The City Council is being asked to approve a new classification for a City Engineer/ Public Works Director.
BACKGROUND/DISCUSSION:
The City Engineer position became vacant July of 2014 and the Citys Public Works Director position became
vacant May 1, 2016. Human Resources and Management personnel have been working closely to identify how
to properly fill these crucial positions. A recruitment for City Engineer in 2014 resulted in few applicants. The
duties were absorbed by other department heads, outsourced, or delegated to the citys contracted Engineer
who works onsite one day per week.
After study of the current organizational structure and size, staff is recommending hiring an Engineer that can
serve as the Public Works Director. This is possible due to the strong support staff in the Utilities and Public
Works Divisions and is in-line with staffing for smaller agencies. The City is in need of a qualified Engineer who
can review development applications; review and manage public works projects and provide oversight of
outside engineering firms for larger city projects.
It is imperative that the city hire personnel with the proper qualifications and organizational fit. In order to
attract more applicants and stay competitive with local agencies, staff is recommending setting a pay range of
$7,542 to $9,167 per month ($90,504 to $110,004 annually). The current pay range is $5,087 to $7,736 per
month ($61,044 to $92,832 annually) for both the City Engineer and the Public Works Director positions.
While a full-time City Engineer was not included in the 2015-2016 budget, there is no budget adjustment needed
as the new position would not likely be filled in this fiscal year. For the proposed 2016-2017 budget, the new
position at the higher salary range has been requested.
If the City Council approves this request, Human Resources will initiate a recruitment.
OPTIONS:
The Council could deny this request and provide other direction to staff.
FISCAL IMPACT:
Meeting Date: 6/21/2016

Page 1

Agenda Item #VII.A.1.

None

Budgeted Item?

Budget Adjustment Needed?


Affected fund(s):

Yes

General Fund

Yes, in 2016-2017 proposed budget


No

No

If yes, amount of appropriation increase: $

Water OM Fund

Sewer OM Fund

Other:

Comments:
SUGGESTED MOTIONS:
Move to approve a new classification for a Public Works Director/ City Engineer with a salary range Exempt 5
earning $7,542 to $9,167 per month.

Attachments:

Meeting Date: 6/21/2016

1. Job Description

Page 2

Agenda Item #VII.A.1.

ATTACHMENT 1

CITY OF LAKEPORT

CITY ENGINEER / PUBLIC WORKS DIRECTOR


Job Description

DEFINITION
To plan, organize, direct and review the activities and operations of the Public Works Department
including engineering services, the operation and maintenance of the Citys water treatment plant,
wastewater treatment plant, distribution systems, streets, storm drains and parks; to coordinate
activities with other departments and outside agencies; and to provide highly responsible and
complex administrative support to the City Manager.
CLASS CHARACTERISTICS
This is an exempt, at-will senior management position directly responsible to the City Manager.
The City Engineer/Public Works Director is the head of the Public Works Department and
exercises the full range or supervisory authority over assigned personnel.
ESSENTIAL FUNCTIONS
The following duties are typical for this classification. Incumbents may not perform all of the listed
duties and/or may be required to perform additional or different duties from those set forth below
to address business needs and changing business practices.
Develops, plans and implements Department goals and objectives; recommends and
administers policies and procedures.
Coordinates Department activities with those of other departments and outside agencies
and organizations; provides staff assistance to the City Manager and City Council;
prepares and presents staff reports and other necessary correspondence.
Directs, oversees and participates in the development of Departments work plan; assigns
work activities, projects and programs; monitors work flow; reviews and evaluates work
products, methods and procedures.
Supervises and participates in the development and administration of the Public Works
Department budget; directs the forecast of additional funds needed for staffing,
equipment, materials and supplies; monitors and approves expenditures.
Selects, trains, motivates and evaluates personnel; provides or coordinates staff training;
conducts performance evaluations; implements discipline procedures; maintains
discipline and high standards necessary for the efficient and professional operation of the
Department.
Oversees the development and implementation of the Citys Capital Improvement
Program; oversees and performs professional engineering work in the design, plan
review, construction and inspection of the Citys infrastructure systems.
Oversees and approves the checking of maps, plans, and specifications for subdivisions,
commercial developments and City projects. Evaluates the need for and directs the
development of master plans and engineering studies.

ATTACHMENT 1

Directs and manages the construction and maintenance of City water and wastewater
systems, collection and distribution systems, fleet maintenance activities, roads, parks,
pool, and facilities; ensures proper usage of materials, equipment and work methods;
maintains facilities and equipment according to City standards.
Meets with the public, developers, other agencies, private engineering and consulting
firms, and contractors to discuss City and Department policies, procedures and issues.
Makes decisions regarding design, materials and processes in connection with new
construction and major infrastructure repair.
Directs the development and revision of City standards, codes and regulations pertaining
to engineering and construction functions.
Directs water and wastewater treatment plant maintenance and operation functions;
ensures State regulations are followed; recommends and oversees plant alterations and
overhaul of facilities.
QUALIFICATIONS GUIDELINES
Education and Experience:
An example of the education and experience which most likely demonstrates the skills,
knowledge and abilities requires to perform the duties would be any combination
equivalent to a four year college degree from an accredited college or university with
major course work in civil engineering. Three years of significant supervisory duties is
preferred. Possession of a certificate of registration as a professional civil engineer in the
state of California.
Knowledge, Skill, and Abilities:
Knowledge of principles and practices of civil engineering and public administration as
applied to the planning, funding, design, construction and operation of public works
facilities. City policies and procedures governing engineering operations. Applicable laws
and regulatory codes related to the development, construction and operation of public
works. Development review and plan checking processes for public works. Subdivision
Map Act and other laws related to development review. Technical, legal, and financial
issues involved in the conduct of municipal public works engineering programs. Methods
of preparing designs plans, specification, estimates reports and recommendations
relating to streets, traffic signals, sewers, wastewater plants, sanitary landfills, buildings,
parks and other public works. Processing of right-of-way acquisition. Recent
developments, current literature and sources of information regarding civil engineering.
Principles of modern office management, including computer application (computer aided
design system). Principles of organization, administration, budget, supervision and
personnel management.
Ability to plan, organize, and direct the work of public works staff, and other personnel;
oversee and coordinate consulting engineers effectively; make effective public
presentations; establish and maintain effective and cooperative working relationships;
communicate effectively both verbally and in writing; understand and follow verbal and
written directions; analyze unusual situations and resolve through application of
City/department policy; develop comprehensive plans to satisfy future needs of
department service; deal constructively with conflict and develop effective resolutions;
develop consensus for problem solving and project support
Skills to perform design engineering; prepare plans; drawings, specifications, diagrams,
and make sketches pertaining to public works constructions projects. Lead, train and
motivate assigned staff to achieve the desired product.

ATTACHMENT 1

Special Requirements
Possession of a valid California Drivers License.
Possession of a Certificate of Registration as a Professional Engineer in Civil Engineering
in the State of California.
Receive satisfactory results from a background investigation, physical examination, drug
testing and administrative screening which meet the established qualification standards.

PHYSICAL PROFILE:
Mental and/or physical ability to work in a standard office environment, operate a
computer, read fine print, converse over the telephone, mobility to bend, stoop, reach and
climb, strength to safely life and carry 40 pounds and work in adverse physical and
climatic conditions, as assigned.

CLASS RANGE NO.

E-5

FLSA

Exempt

ADOPTION DATE
REVISION DATE
APPROVED BY:

CITY OF LAKEPORT
City Council
City of Lakeport Municipal Sewer District
Lakeport Redevelopment Successor Agency
Lakeport Industrial Development Agency
Municipal Financing Agency of Lakeport

STAFF REPORT
RE:

MEETING DATE: 06/21/2016

Illegal Fireworks-Police Operations Plan

SUBMITTED BY:

Brad Rasmussen, Chief of Police

PURPOSE OF REPORT:

Information only

Discussion

Action Item

WHAT IS BEING ASKED OF THE CITY COUNCIL/BOARD:


The City Council is being asked to receive and file the Illegal Fireworks Police Operation Plan for the 30-day
period surrounding the 4th of July (June 17 through July 16).
BACKGROUND/DISCUSSION:
Lakeport Municipal Code Chapter 5.30 Fireworks, sub 5.30.220(a) requires that the Police Department present
to the City Council an operation plan. Said operation plan shall include the following information:
(i)

Identification of areas within the City where illegal fireworks were a problem in the previous year;

(ii)

A detailed explanation of the deployment of fire and law enforcement personnel to deal with those
troublesome areas as well as with the balance of the City;

(iii)

A report on the apparatus and personnel who will be on duty for the period of June 17 through July 16 of
that year, and more particularly, on July 1 through 5, inclusive;

(iv)

Recommendations on and discussion of what, if any, dedicated illegal fireworks enforcement patrols there
should be for that year and all other relevant information and statistics deemed necessary by the City
Council.

There are significant increases in the number of visitors to our city during the July 4 holiday and the 30-day
period surrounding it. The number of visitors to the city peaks on July 4 as many persons arrive to enjoy
fireworks related activities. In order to provide for proper public safety, the Police Department increases its
staffing levels as much as possible in the period surrounding July 4. During the fireworks show on July 4, the
Police Department deploys all of our staff as well as mutual aid staff from other law enforcement agencies in
Lake County. The police department has developed the 2016 fireworks period operation plan along with public
notices regarding the use and discharge of legal fireworks.
OPTIONS:
Receive and file staff report including police operation plan or request additional information from staff.
FISCAL IMPACT:
None

$2,500.00 in Police Overtime

Budget Adjustment Needed?


Affected fund(s):

Yes

General Fund

Meeting Date: June 21, 2016

No

Budgeted Item?

Yes

No

If yes, amount of appropriation increase: $

Water OM Fund
Page 1

Sewer OM Fund

Other:
Agenda Item #VII.B.1.

Comments: The fireworks sale surcharge paid to the City is sufficient to cover police overtime cost.
SUGGESTED MOTIONS:
Move to receive and file the Illegal Fireworks Police Operation Plan.

Attachments:

Meeting Date: June 21, 2016

1. Police Operation Plan for Illegal Fireworks


2. Safe and Sane Fireworks Information Sheet
3. Locations designated for Safe and Sane Fireworks

Page 2

Agenda Item #VII.B.1.

ATTACHMENT 1

POLICE OPERATIONS PLAN FOR ILLEGAL FIREWORKS


EFFECTIVE
JUNE 17-JULY 16
1.

Identification of areas within the City where illegal fireworks were a problem in the previous
year.
The Police Department has identified the areas described as The Parklands and Will-O-Point
as those areas most affected by illegal fireworks.

2.

Detailed explanation of the deployment of law enforcement personnel to deal with those
troublesome areas as well with the balance of the City.
The Police Department provides routine patrol to those areas which present the most problems
on a daily basis when staffing levels permit and during the course of the patrol officers duties.
Increased patrols with targeted enforcement will occur in specific areas when deemed necessary.

3.

A report on the apparatus and personnel wholl be on duty for the period mentioned above
and more particularly on the 1st through the 5th of July.
The Police Department will provide uniformed patrol to those areas described above through
June 17 and July 16 when staffing levels permit. As it relates to Independence Day, the Police
Department will set up a command post at City Hall and with the assistance of allied agencies and
conduct a mass canvass of the Parklands utilizing officers on foot patrol. Officers assigned to
the Parklands will directly target the troublesome areas and seek out illegal fireworks violators.
Officers will also be assigned to the remaining areas of the City, not demeaned as troublesome, in
patrol units.

4.

Recommendations on and discussion of what, if any, dedicated illegal fireworks enforcement


patrols there should be for that year.
The Police Department is coordinating, as in years past, with members of the Lakeport Fire
Department, California Department of Forestry, Lake County Sheriffs Department, Clearlake
Police Department, Lake County Probation Department, Lake County District AttorneyInvestigations Division, California Highway Patrol, and California State Parks-Law Enforcement
Division-Clearlake Sector to provide personnel during Independence Day throughout the
Parklands and Will-O-Point. Patrol units will provide patrol coverage to the identified problem
areas and other areas demeaned to be troublesome, as well as continuing to provide public
safety services throughout the city.

ATTACHMENT 2

HOURS OF DISCHARGE
SAFE AND SANE FIREWORKS WILL BE PERMITTED IN THE
CITY OF LAKEPORT ON THE FOLLOWING DATES:
JULY
JULY
JULY
JULY

1:
2:
3:
4:

9:00
9:00
9:00
9:00

AM
AM
AM
AM

TO
TO
TO
TO

10:00
10:00
10:00
11:00

PM
PM
PM
PM

PLACES DESIGNATED FOR DISCHARGE


ALL DISCHARGES OF SAFE AND SANE FIREWORKS MUST
ADHERE TO LAKEPORT MUNICIPAL CODE SECTION 5.30.180,
WHICH READS:
IT SHALL BE UNLAWFUL FOR ANY PERSON TO IGNITE,
DISCHARGE, PROJECT OR OTHERWISE FIRE OR USE ANY SAFE
AND SANE FIREWORKS, OR PERMIT THE IGNITION,
DISCHARGE OR PROJECTION THEREOF, UPON OR OVER OR
ONTO THE PROPERTY OF ANOTHER WITHOUT HIS/HER
CONSENT, OR TO IGNITE, DISCHARGE, PROJECT OR
OTHERWISE FIRE OR MAKE USE OF ANY SAFE AND SANE
FIREWORKS WITHIN TEN (10) FEET OF ANY RESIDENCE,
DWELLING OR OTHER STRUCTURE USED AS A PLACE OF
HABITATION BY HUMAN BEINGS

ATTACHMENT 3

LOCATIONS DESIGNATED FOR


SAFE AND SANE FIREWORKS
1)

City Parking lot north of Fourth Street.

2)

Any street within the incorporated area of Lakeport which does not violate
section 5.30.180 B, which states IT IS UNLAWFUL FOR ANY PERSON
TO IGNITE, DISCHARGE, PROJECT OR OTHERWISE FIRE OR USE
ANY SAFE AND SANE FIREWORK, OR PERMIT THE IGNITION,
DISCHARGE OR PROJECTION UPON OR OVER OR ONTO ANOTHERS
PROPERTY WITHOUT HER/HIS PERMISSION OR WITHIN 10 FEET
OF ANY RESIDENCE, DWELLING OR OTHER STRUCTURE USED AS A
PLACE OF HABITATION BY HUMAN BEINGS.

3)

In years past, it was not uncommon to have Safe and Sane Fireworks in
the Safeway, Kmart, High Street Center, Shoreline Center and Vista Point
parking lots; however, these are private parking lots, and law
enforcement does not have permission to allow such activities. Persons
took it upon themselves to use these lots without expressed or written
consent.

CITY OF LAKEPORT
City Council
City of Lakeport Municipal Sewer District
Lakeport Redevelopment Successor Agency
Lakeport Industrial Development Agency
Municipal Financing Agency of Lakeport

STAFF REPORT
RE: 2016-17 Budget Adoption
SUBMITTED BY:

MEETING DATE:

6/21/2016

Margaret Silveira, City Manager

PURPOSE OF REPORT:

Information only

Discussion

Action Item

WHAT IS BEING ASKED OF THE CITY COUNCIL/BOARD:


Adopt the operating and capital expenditure budget for the 2016-17 fiscal year and associated resolution.
BACKGROUND/DISCUSSION:
Lakeport, our hometown, is in transformation. Over the last several years - and despite significant challenges we have invested millions of dollars in infrastructure to make our community a beautiful, safe place to for our
citizens (and visitors) to live, work, and play. We look to complete this work in the coming year and turn our
attention to other areas of critical need, including ways to make this organization a premier place in which to
work, this City a destination to visit and enjoy, this region an area of economic growth, and Lakeport self-reliant
and strong through enhancing general revenues and other resources. We are transforming from a place of
economic recovery to one of hope and opportunity.
The coming fiscal year, 2016-17, we look to build on this transformation process. Enhanced service delivery,
economic vitality, and a high quality of life are the overall goals. I have highlighted already the needs we will
focus on addressing, but an integral component to the process rests with the City Council the elected
governing body for our community. The City Council has set its sights on these goals through its budget. It has
established objectives to enhance our participation in regional economic development activities; improve the
safety, health, and security of it citizenry; and bolster service delivery by enhancing the Citys commitment to its
people.
Moving forward during this transformation is something far more significant than what City staff and Council
alone can do. It requires community involvement and participation from our citizenry. We look to move away
from the traditional concept of City-customer to one of City-citizen. Collaboration between all stakeholders:
residents, businesses, City staff, and everyone else who calls Lakeport home is vitally important in this effort. It
will be the moment of the citizen, our community, our hometown. Its time to unleash the power working
together can yield.
2015-16 FISCAL YEAR IN REVIEW
Another busy year is close to wrapping up for the Citys dedicated and hardworking staff. More long hours and
hard work were involved in the planning of several critical projects, including the Downtown Main Street
revitalization, USDA water and sewer infrastructure rehab, and various road resurfacing and rehab efforts, just
Meeting Date: 06/21/2016

Page 1

Agenda Item #VII.C.1.

to name a few. This was in addition to the regular day-to-day work that staff attended to and in the face of
significant challenges brought on by changes to staffing and minimal growth to general revenues.
These are just some of the accomplishments my staff realized in 2015-16:

Water projects funded by the USDA were completed, with the exception of the SCADA system
replacement (shared with sewer) that was impaired by the lighting storm we experienced in April. Bond
documents for the water loan and grant funding were approved by Council in May, and the project is expected
to be closed out by August, 2016.

The start of construction on the Downtown Main Street revitalization project. Its completion
will signal a renaissance for the downtown corridor, inviting new businesses and customers to invest and shop.

Road projects completed during the year included:


o

Parallel Drive

Mellor Drive

Various neighborhood streets

A new audio/video system for the council chambers, which will help better facilitate public
meetings not only for the City Council but for all groups who utilize the chambers to conduct public meetings.

Enhanced grant funding was awarded to the City. The Community Development Block Grant
awarded in 2014 was modified to include the rehabilitation of Carnegie Library to allow ADA access to the
community. Additionally, more funding was included as part of the grant program to issue additional business
loans.

Over $200,000 was awarded to local businesses in the form of low-interest loans to employ
more people and start or enhance their operations. Successful participants in the program included:

GFOA.

The Shoebox

OMeara Brothers Brewery

Champion Accounting

For the fourth year in a row the City received the Distinguished Budget Presentation Award from

Procured a new patch truck to increase effectiveness of pothole repair and other city road
maintenance.

on the lake.

Installed a new restroom facility at the 5th Street boat ramp to better serve those who recreate

Restructured a portion of the unfunded accrued actuarial liability (UAAL) with CalPERS, saving
the City and its tax payers over $850,000 in interest costs over the next 15 years.

Management continued to reach out to local businesses with a personal visit to each. Dozens
were visited. It is not only an opportunity to hear from them as to their needs, but also it is an opportunity for
staff to share with them the opportunities to grow and network. As difficult as it may be for the management
team to pull away from their ongoing duties to get out and make those rounds, the reward of gratitude from a
listened to business community always outweighs the difficulties.

The City of Lakeport continues to support and lead the regional economic efforts through the
Regional Economic Development Committee. Partnering with local colleges, tribes, business and civic groups,
the City of Clearlake, and the County of Lake, we made significant progress to creating a business environment
of collaboration, communication, and support. Some of the regional efforts accomplished by the Regional
Economic Development Committee are, the chalk wall I love Lake County because of leading to the second
annual Leadership Summit in Lucerne. The City continues to strive to ensure our businesses thrive and to
promote investment from outside the region.
Meeting Date: 06/21/2016

Page 2

Agenda Item #VII.C.1.


We made more great additions to our team and were successful in retaining a few in the face of
temptations of higher pay and benefits from elsewhere. But we hold ourselves to a high standard as well,
promoting transparency and accountability in everything we do.

The Citys second annual report was issued for 2015, highlighting service delivery and
community feedback on the Citys efforts during the year.

Implementation of self-funding healthcare costs through REMIF. The transition was relatively
smooth from the Citys perspective, but the benefits realized are not yet fully known. The coming year will
provide us greater insight.
Finally, we did all this under significant fiscal constraint. Revenues are up but so are our liabilities; promises of
the past will continue to affect our progress in the future. We have begun planning to meet those
commitments, and I am confident that we will do so while still maintaining the highest level of service possible.
THE BUDGET YEAR, 2015-16
Working closely with staff, the City Council, and my Management Team, I have developed a budget strategy to
complete the planning work weve started and deliver the highest quality municipal services at the lowest
possible cost.
We began our process even earlier this year than in years past. During the Council-Management strategic
planning and goals setting session in February, new City objectives for 2016-17 were developed. They include
the following and are presented in order of strongest support by council:
1.

Enhance recruitment and retention strategies to maintain current authorized staffing.

2.

Explore new revenue sources and options for public safety, roads, parks, and other City services

3.

Participate regionally, which includes State and County agencies to address homelessness.

My job as the City Manager is to implement programs, activities, and directives to meet these goals.
Department heads have tailored their individual departmental goals with these priorities in mind and structured
their budgets accordingly. Additional priorities also were identified during the budget process, and we worked
to finance those activities accordingly. Specifically, I have asked them to focus on activities that enhance public
safety, reduce costs (particularly in regards to long-term liabilities), and bolster civic engagement.
An important element of civic engagement includes increased participation in our neighborhoods. Efforts will
continue to increase the number of Neighborhood Watch areas. This is one of the primary areas where
residents can help their neighborhoods be safe. No matter how many police officers any city employs the best
defense for crime in a neighborhood is neighbors watching out for each other. The City will continue its National
Night out event in hopes of bringing more awareness to safety and community policing.
Solar power is not only a viable, environmentally responsible resource, it also has the potential to generate
significant cost savings. Council has voiced strong support for the City to pursue its implementation, and it will
continue to be a key focus for us in the coming year. A plan and financing strategy were approved by Council
this year, and staff are moving forward with it expeditiously, starting with the CEQA process. The potential cost
savings to the City and its citizenry are significant and worth the effort to bring the project to completion.
One of our greatest cost challenges in the 2015-16 and future budgets is in the realm of pensions and retiree
health insurance obligations. We took bold steps to ensure the City is positioned well to meet those challenges
successfully. We look to do the same in regards to other post-employment benefits (OPEB), through execution
of a strategy to begin prefunding the Citys obligation to provide retirement health benefits, as well as other
ways to reduce the overall liability.
OPERATIONAL HIGHLIGHTS

Meeting Date: 06/21/2016

Page 3

Agenda Item #VII.C.1.

Fiscal year 2015-16 was another year of capital projects. In 2016-17, project completion will continue to be a
focus, but strong emphasis will be placed on our people, recruiting and retaining the best our community can
afford. The following are the highlights of whats to come:
Personnel. We continue to strive to fully staff our City ranks to relieve the heavy load on existing staff while
providing the highest quality service possible. Although we all continue to wear many different hats, the goal is
to prevent burn-out from overwork while maintaining a challenging work environment for all staff members.
We also look to bolster compensation with select labor groups, starting with the police officers.
In terms of total compensation, Lakeport has fallen behind its closest neighbors including the County of Lake
and lost its completive edge in recruitment and retention. It is a common theme across the state but
particularly challenging in our region where local revenues are extremely limited but competition in the labor
marketplace is fierce. We are moving to address the issue aggressively.
Other notable personnel considerations in 2016-17 include:
o
Appropriation for a 12th sworn police officer. Council authorized use of one-time budget
surplus money to carry this position for the 2016-17 year; however, no funding has been identified to continue it
beyond.
o
Appropriation for a 13th sworn school resource officer. This position is temporarily funded
through a combination of money from the Lakeport Unified School District and the states BSCC program. There
is no further available funding identified beyond the 2016-17 budget year.
o
Delayed hiring of approved positions in Community Development and Administration. Although
each department is approved to hire a Planning/Building Technician and Administrative Specialist I, respectively,
the hiring of those positions is being delayed until January 2017.
o
Public Works Maintenance Worker I position not funded in 2016-17. Due to proposed reduced
general fund activities in the department, this vacancy will not be filled for the year.
o
Public Works Director and City Engineer positions to be combined and recruited as one. It is
unusual for a City the size of Lakeport to have a full-time City Engineer position; however, for Lakeport it is a
necessity. We engage in a number of activities that require in-house engineering expertise and services. We are
also in need of a Public Works Director to fill the current vacancy and oversee our largest department. Many
agencies combine the positions. We intend to borrow from that model.
Citizen engagement. We look to renew and strengthen enduring relationships with businesses and residents
and interact our community not as customers but as citizens. We will better our communication with them as
we enhance customer service. Partnerships are critical in this regard, and we are committed to bringing about a
rejuvenation of civic engagement.
Service delivery. Finding efficiencies in the manner and method of the services we provide has been a tenet of
ours since my tenure as City Manager began. This year will be no different as we look to reduce costs through
the implementation of best practices, including harnessing opportunities presented through advancements in
technology. Additionally, we look to take on the challenge of expanding our customer service responsibilities,
incorporating all commercial solid waste billing.
Restructuring long-term obligations. The Citys CalPERS UAAL mentioned earlier was just the first in a series of
debt restructuring we look to achieve in the coming year, all in the effort of saving our community money in
interest costs.
Maintaining a strong push for economic development. We must maintain our involvement in promoting not
only our city, but the region. Collaboration has always been the key, and pushing forward will take strong will
and determination from every stakeholder. The City will continue to lead in this endeavor. We intend to
continue strong support for the Main Street Association and the Chamber of Commerce. Furthermore, the
completion of the Downtown Main Street revitalization project and renovation of Carnegie Library will serve as
an economic boon for the downtown corridor.

Meeting Date: 06/21/2016

Page 4

Agenda Item #VII.C.1.

FINANCIAL HIGHLIGHTS
I present a balanced operating budget for fiscal year 2016-17. It was a very difficult spending plan to prepare.
Increasing demands on public safety services and related personnel costs resulted in management
recommending a strategy that focused more than ever before on officer recruitment and retention.
Unfortunately, City resources are extremely limited, and costs had to be saved elsewhere to make this move
possible. The following highlight the results of strategy as well as other items of note.
Roads and infrastructure. General fund services for roads and infrastructure are proposed to be reduced by
43% from estimated total general fund expenditures in 2015-16 and over 55% from the year prior. Some of this
reduction will be offset by increased appropriations from the Citys HUTA fund. This means that road and
infrastructure maintenance will be limited to emergency services, critical road repair, and support of water and
sewer operations in the public rights-of way only.
Public safety. Total appropriations for public safety out of the general fund are recommended to be increased
by over 13 percent from an estimated year-end in 15-16 of $1.77 million to $2.0 million in 16-17. The majority
of this increase is directed at staffing to hire additional officers and enhance compensation for sworn positions.
Total public safety expenditures as a share of total general fund expenditures is expected to rise from 43% in 1516 to over 47% in 16-17.
Use of the general fund. The use of general fund resources by department are proposed as the following:
Departmental Use
Police

Recommended
$

% Share

2,006,539

47.01%

Parks, Buildings, and Grounds

348,760

8.17%

Roads and Infrastructure

299,559

7.02%

Building

251,731

5.90%

Non-Departmental

242,519

5.68%

Planning

208,639

4.89%

Administration

203,181

4.76%

Finance and Information Technology

155,497

3.64%

PW Administration and Compliance

104,213

2.44%

Engineering

89,196

2.09%

Legislativ e

85,460

2.00%

Economic Dev elopment

77,000

1.80%

Westshore Pool

75,906

1.78%

City Attorney

68,000

1.59%

Water O&M

51,803

1.21%

Sewer O&M

0.00%

Housing

0.00%

CLMSD Special Projects

0.00%

Total use

4,268,003

100.00%

The general fund will remain well capitalized with a strong reserve, but regular, ongoing revenues are simply not
keeping pace with current costs and prohibit the general fund from maintaining both heightened public safety
and general Public Works expenditures beyond the 2016-17 year.
Water and sewer enterprises. These funds will strengthen further, and we intend to engage more in
maintenance and capital activities in those funds, even while we reduce services in the general fund. We
propose to keep this strategy in place for the next two fiscal year, unless additional revenues can be realized for
the general fund, allowing for general service levels in Public Works to be reinstated or even enhanced.
Liability and workers comp insurance. Costs are expected to remain relatively flat compared to FY 2015-16.
Health insurance costs are anticipated to rise by 9 percent.

Meeting Date: 06/21/2016

Page 5

Agenda Item #VII.C.1.

REVENUES:
General revenues driven by sales tax continue to improve, albeit slowly. Sales tax in particular is our most
important revenue source and the reason our focus on economic development is so critical. We have taken a
careful approach at estimating where these revenues might lead and monitor them quarterly.

Total city-wide revenues are expected to be higher by over $1.1 million compared to fiscal year
2015-16. This is the result of water and sewer rate adjustments as well as expected grant funding from CDBG
and for the Lakeshore storm damage repair project.

Sales tax revenues including those derived from Measure I continue to trend positively. We
estimate this source to increase slightly from the prior fiscal year, largely driven by automotive sales. Gas prices,
however, dampen the gains we see, resulting in only 2-3 percent revenue growth.

Property tax revenue in fiscal year 2016-17 will remain steady with little effective growth. It is
the second most influential general revenue source but a distant one compared to sales tax. Regardless, as the
housing market continues to improve, so does the Citys fiscal well-being.

State and federal public safety grants will be maintained in fiscal year 2016-17. This is a
significant resource to support our Police Department, without which the City would face significant difficulty
maintaining public safety service levels. We expect to continue receiving revenue from this source for the
foreseeable future.

Franchise fees, permit fees, fees for service, and other charges are expected to remain flat over
the course of the fiscal year with possible decrease. These revenues go to support general City operations, such
as building, engineering, and planning services.

fiscal year.

All other general fund revenues are estimated to remain relatively unchanged from the prior

Road monies from the state generated by local sales taxes, including the highway user tax
(HUTA), will once again be down from just a few years ago. Lower gas prices at the pump are primarily
responsible for the decrease. However, the governor has appropriated additional funding from the states
general fund to augment it. We anticipate approximately $107,613 more in 2016-17 state road money.

The City will continue to serve as the Successor Agency to the former RDA and will be entitled to
an administrative allowances to offset operating costs associated with the dissolution of the agency and the
retirement of its obligations. This is an important financial resource to the City in ensuring a smooth transition
away from redevelopment. The allowance was reduced over 22 percent from 2015-16 by the state, but future
state action to reduce it further is not expected for another few years.

Water and sewer enterprise activities will continue to experience increased costs; however, the
restructured water and sewer rate schedules will continue to sustain these enterprise activities, with a focus on
enhanced maintenance activities including inflow and infiltration (I&I) identification/mitigation, infrastructure
rehabilitation, and reserve building.

We will continue to evaluate and recommend changes to the Citys fee structure to ensure fiscal
sustainability in those activities that have specific benefit to users. Also, we expect to reach finality on the issue
of the South Main Street annexation and in other areas that promote responsible and effective community
growth.

Finally, we will continue to explore new sources of revenue aggressively including a potential
revenue measure on the ballot before voters in November, 2016 to ensure the City can maintain vital services
to the community, including public safety, infrastructure maintenance/improvements, and parks and recreation.
Though we are optimistic the community will support the Citys efforts, this budget does not assume any new,
general revenues in the coming year.

Meeting Date: 06/21/2016

Page 6

Agenda Item #VII.C.1.

EXPENDITURES:
The management team has been relentless with expenditure controller in making sure that the Citys budget
remains structurally balanced. Truly it is a team effort.
The following are changes of note in fiscal year 2016-17 budget from 2015-16 estimated actuals:

Salaries and benefits City-wide will be 18.6 percent ($877,423) higher from the end of fiscal year
2015-16 from filling vacant, budgeted positions; additional positions in the police department; increased salaries
to all labor groups (one-time only for non-safety personnel) and to cover increased health and pension costs.
Please see the personnel schedule later in this document for additional detail on recommended staffing
changes.

Operating expenditures City-wide are expected to decrease by nearly 10 percent ($190,183)


resulting primarily from less need of professional services and reduced energy costs with the adoption of solar
power.

Loans and grants are expected to increase $109,014 from the prior year. The primary activity in
this category will be the issuance of additional business loans through the CDBG grant program.

Debt service is anticipated to increase by $5.1 million primarily due to the full repayment of
interim financing to Bank of Nevada. Additionally, CalPERS UAAL restructuring note with Umpqua Bank and the
USDA water and sewer bonds enter into repayment; however, payment of the Umpqua Bank loan is more than
offset by expenditure savings to CalPERS, a cash flow benefit to the City.

Capital expenditures are expected to total $157,444 as we complete the remaining USDA sewer
projects, various road improvements, Carnegie Library renovation, and well as the Downtown Main Street
revitalization.
CAPITAL HIGHLIGHTS
Since adoption of the Citys first formal capital improvement budget in 2013, an incredible amount of work has
been done. Many of the over 80 projects identified in the plan have been completed or are nearing completion,
and staff is pushing hard to prepare an updated five-year plan for mid-year 2016-17. Our goal has been, and
continues to be, to focus on those projects which will yield the greatest return on investment or that are in the
most urgent need of attention.
I am recommending specific projects and capital outlays for 2016-17 that represent the most critical of the Citys
needs and the best use of resources for capital purposes. The following are some of particular note. A full list
can be found in the Budget in Brief Section.
CAPITAL PROJECTS:

Completion of Bevins Street project

Completion of the Downtown Main Street Revitalization Project

Lakeshore Storm Damage Rehab Project

Completion of structural modification to new Lakeport Police Department

Carnegie Library ADA Project and Ceiling Repairs

Police car replacement

The capital outlay plan that I have proposed unfortunately is not sustainable with ongoing resources beyond this
upcoming year and is funded almost entirely out of one-time sources, including long-term, low-interest loans
and grants. It does not result in a reduction of spending elsewhere. No new additional staff are expected to be
needed to complete these projects, as most of the work will be done by outside contractors. Nonetheless, it is a
critical investment for us to make in addressing our aging infrastructure and to support our efforts to grow our
local economy.
Meeting Date: 06/21/2016

Page 7

Agenda Item #VII.C.1.

ECONOMIC DEVELOPMENT
The focus of our economic development efforts must remain on business retention. The Citys commitment to
economic development must be maintained through active advisement by the Lakeport Economic Development
Advisory Committee (LEDAC) and in collaboration with the Main Street Association, the Chamber of Commerce,
and the Countys marketing program.
Staff has been very active in pursuing a regional economic development approach. The County of Lake, with
approximately 64,000 population, is not much more populated that a mid-size city in California. It is important
for both the City of Lakeport and Clearlake, to partner with the County of Lake in marketing and promoting the
area through a regional approach. As funding becomes scarce for activities outside of core municipal services,
the need for regional cooperation becomes more apparent. A working group from both cities and the County
continues with regular meetings to discuss the opportunities and the structure of a regional economic entity. It
is important to remember that as our regional partners prosper, so do we.
At this time the City has appropriated over $3 million to complete the Downtown Main Street project. Although
we refer to this as a capital project, its goal is largely one of economic development. It is meant to be a catalyst,
a spark to ignite resurgence of business development, tourism, and community participation the downtown
area. This will be our greatest effort in the coming year to create an environment where business investment
can occur and our vacant store fronts can finally be filled.
FINANCIAL POSITION
During the past six years, my approach to the budget process has been conservative in estimating available
resources and diligent in controlling spending. This has led to a current projected year-end surplus and
fortification of the Citys general fund reserve. We estimate the total reserves to begin the 2016-17 fiscal year at
69% of budgeted appropriations, general reserves being at the requisite 25%. The Management Team has been
dedicated to cost savings whenever possible and watchful of their expenditures so that the need to use reserves
is limited, if necessary at all.
I am proposing a balanced general fund for fiscal year 2016-17 with a recommended use of an estimated surplus
from the past five fiscal years of $243,714. This use of this surplus will be for the following one-time purposes,
as outlined in City budget policies:
Use of Assigned Fund Balance

Recommended

S. Main Annexation - Planning

Legal fees: S. Main Annexation

3,000
15,000

Hotel feasibility study

5,000

Lakefront planning marketing

2,000

City mural

5,000

Funding for Carnegie Library roof/ceiling repair

25,000

LAFCO Annexation fees - Planning

5,000

CalED 101 training

1,500

Labor groups signing bonus

72,214

Legal fees: Marijuana ordinance and related work

10,000

Funding for 12th PD Officer - one year

100,000
Total use $

243,714

The end result is an estimated budgetary surplus in the general fund of $34,962, which I recommend be retained
as reserve for future use or to maintain budgetary appropriations should revenue estimates come up short. The
Meeting Date: 06/21/2016

Page 8

Agenda Item #VII.C.1.

current reserve is adequate to ensure financial stability. Beyond use of the past surplus, I am not recommending
any additional use of the reserves.
As was forecast in the utility rate study, the water operating fund is expected to be adequate to fund operations.
With the revenues from the rate restructuring, I expect water enterprise operations to continue recapitalizing its
reserves with funding available for additional investments in infrastructure and other capital items.
The sewer operating fund is expected to be in a more favorable position, as current operational costs should be
less than available revenues from customers. Like the water enterprise, the sewer operating fund will be
devoted to building up the reserve and engaging in much needed maintenance (particularly I&I) and capital
improvements beyond those funded by the USDA.
LOOKING AHEAD
My recommended 2016-17 budget is a prudent and careful expenditure plan focusing on project completion,
enhancing public safety, and positioning the City to strengthen its human capital. Some of it is funded by onetime revenue sources - such as grant and loan funding - and available fund balance that has accumulated from
past budgetary surpluses. But operationally, it is balanced structurally and sustainable fiscally.
As I mentioned in the past, our activities related to capital investment are not sustainable in the long-term.
One-time monies have been the overwhelming source of funding for the millions of dollars spent over the last 5
years. New projects, funded by general revenues in particular, will be difficult to plan and execute. With
prudent fiscal, operational, and capital management, however, our efforts to work together for our communitys
success will bear fruit.
We know the greatest concerns and service demands for the citizens of Lakeport: public safety, roads and
infrastructure, and a high quality of life. Not only do we serve this community as professionals, we live here as
well and call Lakeport our hometown. This spending plan was developed in this context, and resources are
being maximized to provide the greatest benefit possible to the community. But we will fall short in our efforts
without new general revenue to support it. Service delivery will continue to erode as costs increase (despite all
the work we have done to reduce them). General infrastructure maintenance will continue to be deferred with
the exception of only the most critical of needs. And our workforce the lifeblood of this organization will
weaken as the City struggles to find the resources to retain and recruit high-quality staff; service delivery is what
we do, and our people are who provide it. Finding a reasonable source of new revenue and coalescing
community support around it will not only ensure vital City services are maintained but also it may allow the City
to enhance and add new services to the benefit of the entire community.
I want again to thank the entire staff of the City of Lakeport for the hard work and endurance theyve
demonstrated over the last few years. They continue to impress me by what theyve achieved with such limited
resources. To my Management Team, I owe particular thanks. Preparation of this budget would not have been
possible without their planning efforts and willingness to work collaboratively with the Citys best interest at
heart.
And to the City Council, again I praise you for the leadership you have demonstrated and extend my sincerest
gratitude for the trust you place in your professional management team. As always, your support makes our job
more rewarding and compels us to perform at our best.
OPTIONS:
1. Approve and adopt the 2016-17 City budget as recommended.
2. Do not approve but provide direction to staff.
FISCAL IMPACT:
None

$21,424,790

Budget Adjustment Needed?


Meeting Date: 06/21/2016

Budgeted Item?
Yes

No

Yes

No

If yes, amount of appropriation increase:


Page 9

Agenda Item #VII.C.1.

Affected fund(s):
General Fund
Water OM Fund
Sewer OM Fund
revenue, debt service, capital improvement, proprietary, and fiduciary funds.

Other: All other special

Comments: Revenue estimates and requested appropriations founding in this spending plan are complete
and ready for consideration and adoption by council at its pleasure. The completed, full budget document,
including all supporting schedules, summary information, and Gann Limit calculations will be presented to
Council at a later date.

SUGGESTED MOTIONS:
Move to adopt the recommended budget for the City of Lakeport and its component units and authorize the
City Manager to expend the appropriations found therein for the fiscal year 2016-17.
Attachments:

Meeting Date: 06/21/2016

1. 2016-17 Budget Document


2. Adopting Budget Resolution

Page 10

Agenda Item #VII.C.1.

ATTACHMENT 1

FY 2016/17 Budget Document


(The Budget document is provided under separate cover)

ATTACHMENT 2

RESOLUTION NO. _____ (2016)


A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF LAKEPORT, THE SUCCESSOR AGENCY TO THE LAKEPORT
REDEVELOPMENT AGENCY, AND THE BOARD OF THE CITY
OF LAKEPORT MUNICIPAL SEWER DISTRICT
ADOPTING THE ANNUAL BUDGET FOR FISCAL YEAR 2016-17
WHEREAS, the City Council of the City of Lakeport, the Successor Agency to the
Lakeport Redevelopment Agency, and Board of the City of Lakeport Municipal Sewer District has
reviewed the Annual Budget for the Fiscal Year 2016-17; and
WHEREAS, included in said budget are the necessary estimates of anticipated revenues and
assessed evaluations for the properties subject to taxation by the City; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Lakeport hereby adopts the budget for the City of Lakeport, the Successor Agency to the Lakeport
Redevelopment Agency, and City of Lakeport Municipal Sewer District, including the recommended
personnel schedules found therein, for the fiscal year beginning July 1, 2016, and ending June 30,
2017, appropriating the sum of $21,424,790; and
THIS RESOLUTION was passed by the City Council of the City of Lakeport at a regular
meeting thereof on the 21st day of June, 2016, by the following vote:
AYES:
NOES:
ABSTAINING:
ABSENT:
_________________________________
MARC SPILLMAN, Mayor and Chair
ATTEST:
____________________________________
KELLY BUENDIA, City Clerk and Secretary