Lakeport City Council Agenda Packet

AGENDA
Tuesday, June 18, 2013 City Council Chambers, 225 Park Street, Lakeport, California 95453
Any person may speak for three (3) minutes on any agenda item; however, total public input per item is not to exceed 15 minutes, extended at the discretion of the City Council. This rule does not apply to public hearings. Non-timed items may be taken up at any unspecified time.
REGULAR MEETING OF THE LAKEPORT CITY COUNCIL
I. II. III.
CALL TO ORDER & ROLL CALL: PLEDGE OF ALLEGIANCE: ACCEPTANCE OF AGENDA: Urgency Items:
6:00 p.m.
Move to accept agenda as posted, or move to add or delete items. To add item, Council is required to make a majority decision that an urgency exists (as defined in the Brown Act) and a 2/3rds determination that the need to take action arose subsequent to the Agenda being posted.
The following Consent Agenda items are expected to be routine and noncontroversial. They will be acted upon by the Council at one time without any discussion. Any Council Member may request that any item be removed from the Consent Agenda for discussion under the regular Agenda. Removed items will be considered following the Consent Calendar portion of this agenda.
IV.
CONSENT AGENDA:
A. B. C. D. E. V.
Ordinances: Warrants: Minutes: Resolution Authorizing Signatory for CDGB Grant Documents: Letter of Support:
Waive reading except by title, of any ordinances under consideration at this meeting for either introduction or passage per Government Code Section 36934. Approve warrant register from June 12, 2013. Approve minutes of the regular City Council meeting of June 4, 2013. Adopt a Resolution authorizing the City Manager to execute documents on behalf of the City of Lakeport for CDBG Grant #09-EDEF-6531. Approve a letter of support for the appointment of the City of Lakeport Finance Director, Daniel Buffalo, to the California Tax Credit Allocation Committee
Any person may speak for 3 minutes about any subject within the authority of the City Council, provided that the subject is not already on tonights agenda. Persons wishing to address the City Council are required to complete a Citizens Input form and submit it to the City Clerk prior to the meeting being called to order. While not required, please state your name and address for the record. NOTE: Per Government Code 54954.3(a), the City Council cannot take action or express a consensus of approval or disapproval on any public comments regarding matters which do not appear on the printed agenda.
PUBLIC PRESENTATIONS/REQUESTS: A. Citizen Input:
VI.
PUBLIC HEARING: A. Medical Marijuana Cultivation Ordinance Community Development Block Grant Close Out City Manager 1. Resolutions Adopting Annual Budget for Fiscal Year 20132014 and Establishing the Fiscal Year 2013-2014 Appropriations Limit Request to Conduct Zumba Classes in Library Park Mobile Catering Ordinance Adopt a resolution adopting the recommended budget for fiscal year 2013-2014, and a resolution establishing the fiscal year 2013-2014 appropriations limit for the City of Lakeport. Adopt the proposed Ordinance adding Title 17, Chapter 17.38, to the Lakeport Municipal Code related to the establishment of regulations pertaining to the cultivation of medical marijuana. Conduct a public hearing to review the Community Development Block Grant #09EDEF-6531
B. VII.
COUNCIL BUSINESS: A.
2. B.
Consider request by Melissa Maberry to utilize Library Park and the Gazebo to conduct Zumba classes. Introduce an Ordinance to revise regulations pertaining to Mobile Catering Businesses (Lakeport Municipal Code Ch. 5.20), and consideration of accompanying fee Resolution.
Planning Services Manager 1.
City Council Agenda of June 18, 2013
Page 2
C.
Police Chief 1. Information Technology Contract Sewer Consumption Allotment Increase Consider authorizing a contract between the City of Lakeport and the County of Lake for a Police Department server upgrade. Consider an option to increase the commercial sewer allotment from 8 units to 10 units.
D.
Public Works Director 1.
VIII. IX.
CITY COUNCIL COMMUNICATIONS: A. Miscellaneous Reports, if any: Adjourn ADJOURNMENT:
Materials related to an item on this Agenda submitted to the Council after distribution of the agenda packet are available for public inspection in the City Clerks Office at 225 Park Street, Lakeport, California, during normal business hours. Such documents are also available on the City of Lakeports website, www.cityoflakeport.com, subject to staffs ability to post the documents before the meeting.
In compliance with the Americans with Disabilities Act, the City of Lakeport will make available to members of the public any special assistance necessary to participate in this meeting. The public should contact the City Clerks Office at (707) 263-5615 to make such a request. Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.
_______________________________________ Kelly Buendia, Acting City Clerk
MINUTES
LAKEPORT CITY COUNCIL REGULAR MEETING
Tuesday, June 04, 2013
I. BUDGET WORKSHOP: The budget workshop commenced at 4:34 p.m. The draft budget document was presented by Finance Director Buffalo. The City Council asked questions of staff. Mark Brannigan spoke about the addition of a Maintenance Specialist position. The budget workshop was closed at 5:45 p.m. Mayor Engstrom called the regular meeting of the City Council of the City of Lakeport to order at 6:00 p.m. with Council Members Stacey Mattina, Martin Scheel, Kenneth Parlet, and Marc Spillman present. The Pledge of Allegiance was led by Mike Adams. A motion was made by Council Member Parlet, seconded by Council Member Scheel, and unanimously carried by voice vote to accept the agenda as presented. There were no urgency items Waive reading except by title, of any ordinances under consideration at this meeting for either introduction or passage per Government Code Section 36934. Approve minutes of the regular City Council meeting of May 21, 2013. Approve warrant register from May 30, 2013. Receive and file staff report including Police Operation Plan for Illegal Fireworks. Approve Application No. 2013-011 for Sponsoring Survivorship to holds its annual walk/run on October 5, 2013, to assist Lake County women and men in their battle against breast cancer. Approve Application No. 2013-012 for the Annual Opening Day of the Fair Parade to be held August 29, 2013. Reappoint Lynn Andre to the Parks & Recreation Commission. A motion was made by Council Member Spillman, seconded by Council Member Mattina and unanimously carried by voice vote to approve the Consent Agenda, Items A through G, as posted. Carol Hayes of Lakeport Main Street Association invited the Council to attend a dedication of the historic street signs. The Soper Reese Theatre was presented with the Business of the Quarter award. Mike Adams thanked the Soper Reese committee members. Council member Spillman honored Carol Hayes for her service with the Lakeport Main Street Association. Melissa Maberry addressed the Council regarding allowed activities in Library Park. She wishes to hold a Zumba class in Library Park. Council directed staff to bring this issue back to Council as an agenda item. A motion was made by Council Member Scheel, seconded by Council Member Mattina, and unanimously carried by voice vote to continue the scheduled Public Hearing on Community Development Block Grant Close Out of 09-EDEF-6531 to June 18, 2013. Council member Parlet attended the Clean Water Advisory Council meeting. He complimented Betsy Cawn for being well informed. He also spoke with the Wood and Glory organizers. Council member Scheel will attend the League of California Cities meetings next week in Sacramento.
II.
CALL TO ORDER & ROLL CALL:
III. IV.
PLEDGE OF ALLEGIANCE: ACCEPTANCE OF AGENDA: Urgency Items:
V.
CONSENT AGENDA: A. B. C. D. E. F. G. Ordinances: Minutes: Warrants: Fireworks Plan Application No. 2013-011 Application No. 2013-012
Reappointment to Parks and Recreation Commission Vote on Consent Agenda: VI. PUBLIC PRESENTATIONS/REQUESTS: A. Citizen Input:
VII.
PUBLIC HEARING: A. Community Development Block Grant Close Out
VIII.
CITY COUNCIL COMMUNICATIONS: A. Miscellaneous Reports, if any:
Lakeport City Council Agenda of January 15, 2013
Page 2
IX.
ADJOURNMENT:
Council member Mattina will attend the Area Planning Council meeting next week. Council member Spillman will be attending LMSA and Fire Board meetings. He participated in the Memorial Day Parade. City Manager Silveira stated she will attend legislative committee meetings next week. City Attorney Brookes said the Rivero/RIMS litigation will take place in Mendocino County. Finance Director Buffalo is attending the Government Finance Officer Association conference in San Francisco. Public Works Director Brannigan stated that ADA access is completed for Main Street. There has also been paving at Main Street and Martin. The pool is open for the season. Mayor Engstrom adjourned the meeting at 6:35 p.m.
_______________________________________ KELLY BUENDIA, Acting City Clerk
_______________________________________ THOMAS ENGSTROM, Mayor
CITY OF LAKEPORT
City Council City of Lakeport Municipal Sewer District
STAFF REPORT
RE: Adoption of Resolution Authorizing the City Manager to Execute Grant Documents SUBMITTED BY: Margaret Silveira, City Manager PURPOSE OF REPORT: Information only Discussion Action Item MEETING DATE: 06/18/2013
WHAT IS BEING ASKED OF THE CITY COUNCIL/BOARD: To adopt the attached Resolution authorizing the City Manager to execute Community Development Block Grant documents for Grant #09-EDEF-6531. BACKGROUND: In 2008, the City Council authorized the application for, and the City was later awarded, an Economic Development grant with the purpose of making low-interest business loans to local businesses. At the time of application, the Redevelopment/ Housing and Economic Development Director were authorized to execute all grant documents on behalf of the City of Lakeport. Since the position of Redevelopment/ Housing and Economic Development Director no longer exists, the State Community Development Block Grant office is requiring the adoption of a new Resolution authorizing another City position to execute documents. DISCUSSION: The grant documents needing to be executed at this time are the close out documents, as this grant has expired, and, more importantly, the funds request, which will reimburse the City for General Administration costs associated with the grant. OPTIONS: N/A. FISCAL IMPACT: None $20,000 (revenue) Account Number: of up to $20,000 for general administration. SUGGESTED MOTIONS: Move to adopt the attached Resolution authorizing the City Manager to execute documents on behalf of the City of Lakeport for CDBG Grant #09-EDEF-6531. Comments: Reimbursement
Meeting Date: June 18, 2013
Page 1
Agenda Item #IV.D.
Attachments:
Resolution
Page 2
Agenda Item #IV.D.
RESOLUTION NO. ________ (2013)

A RESOLUTION OF THE LAKEPORT CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE DOCUMENTS RELATED TO THE 2009 STATE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM BE IT RESOLVED by the City Council of the City of Lakeport as follows: SECTION 1. 1) In 2008 the City of Lakeport applied for and was later awarded a Community Development Block Grant for the purpose of making business loans available to local businesses. At that time, the Redevelopment, Housing, and Economic Development Director was authorized by the City Council to execute grant documentation. 2) As the position of Redevelopment, Housing, and Economic Development Director no longer exists, the State is requiring that the City Council authorize by Resolution another City position to execute documents for Grant #09-EDEF-6531. SECTION 2. The City Manager is hereby authorized and directed to act on the City's behalf in all matters, including the execution of documents, pertaining to Grant #09-EDEF-6531. NOW, THEREFORE, This Resolution was passed by the City Council at a regular meeting on June 18, 2013, by the following vote: AYES: NOES: ABSENT: ABSTAINING:
ATTEST: _________________________ JANEL M. CHAPMAN City Clerk City of Lakeport
____________________________ TOM ENGSTROM, MAYOR City of Lakeport
June 18, 2013
Honorable John A. Prez Speaker of the California State Assembly State Capitol, Room 219 Sacramento, CA 95814
Speaker Prez: The City Council of the City of Lakeport offers its support for the application of our Finance Director, Daniel Buffalo, to the California Tax Credit Allocation Committee as your appointed representative. Through funding opportunities provided by Community Development Block Grants (CDBG) and federal HOME programs, we have placed significant emphasis on meeting the housing needs of our community, particularly the poor and elderly. Dan has managed the fiscal administration of these programs soundly. He is an integral part of the Citys management team and serves well in his function as its Chief Financial Officer. His experience, educational background, and professional interests will benefit this association.
Sincerely,
Thomas Engstrom, Mayor
225 PARK STREET LAKEPORT, CALIFORNIA 95453 TELEPHONE (707) 263-5615 FAX (707) 263-8584
CITY OF LAKEPORT
City Council Lakeport Redevelopment Agency City of Lakeport Municipal Sewer District
STAFF REPORT
RE: Second reading and adoption of an Ordinance to establish regulations pertaining to the cultivation of medical marijuana in the Citys residential zoning districts. SUBMITTED BY: Andrew Britton, Planning Services Manager PURPOSE OF REPORT: Information only Discussion Action Item MEETING DATE: 06/18/2013
WHAT IS BEING ASKED OF THE CITY COUNCIL/AGENCY/BOARD: The City Council is asked to: 1.) Adopt the proposed Ordinance, which will amend the Citys Zoning Ordinance (Title 17, Lakeport Municipal Code) to add Chapter 17.38 and establish regulations pertaining to the cultivation of medical marijuana in the City's UR, R-1, R-2, R-3 and R-5 residential zoning districts; and 2.) Hold a public hearing for the second reading and adoption of the Ordinance. BACKGROUND: The proposed Ordinance was first introduced to the City Council at a public meeting on May 21, 2013. Several members of the public provided comments on the Ordinance but the City Council did not recommend any revisions to the proposed regulations. Staff was directed to schedule a public hearing and second reading of the Ordinance for the June 18, 2013 City Council meeting. The May 21, 2013 Staff Report to the Council is attached to this report (Exhibit 1) and provides extensive background and discussion regarding the proposed Ordinance. DISCUSSION: The proposed Ordinance is also attached to this report (Exhibit 2) and is the same document that was introduced to the Council in May. OPTIONS: 1. Approve and adopt Ordinance 889 (2013) establishing regulations related to the cultivation of medical marijuana in the Citys residential zoning districts. 2. Do not approve but provide direction to staff. FISCAL IMPACT: None $ Account Number: Comments: No significant fiscal impacts are anticipated as a result of the proposed modifications to the Zoning Ordinance. Typical expenses related to the ordinance publication and codification will be incurred. SUGGESTED MOTION:
Meeting Date: 06/18/2013 Page 1 Agenda Item VI. A.
Move that the City Council adopt Ordinance 889 (2013) amending Title 17 of the Lakeport Municipal Code related to the establishment of regulations related to the cultivation of medical marijuana in the City's residential zoning districts. Attachments: Exhibit 1: City Council Staff Report (May 21, 2013) Exhibit 2: Proposed Ordinance #889
Meeting Date: 06/18/2013
Page 2
Agenda Item VI. A.
Exhibit 1
CITY OF LAKEPORT
STAFF REPORT
RE: Introduction of an Ordinance to establish regulations pertaining to the cultivation of medical marijuana in the Citys residential zoning districts. SUBMITTED BY: Andrew Britton, Planning Services Manager PURPOSE OF REPORT: Information only Discussion Action Item MEETING DATE: 05/21/2013
WHAT IS BEING ASKED OF THE CITY COUNCIL: The City Council is asked to: 1.) Introduce the proposed Ordinance, which will amend the Citys Zoning Ordinance (Title 17, Lakeport Municipal Code) to add Chapter 17.38 and establish regulations pertaining to the cultivation of medical marijuana in the City's UR, R-1, R-2, R-3 and R-5 residential zoning districts; and 2.) Set a public hearing date for second reading and adoption of the Ordinance. BACKGROUND: In recent years the City has received numerous complaints from Lakeport residents regarding the cultivation of medical marijuana. The Police Department has conducted checks at numerous locations in the City and has received reports of thefts or attempted thefts of medical marijuana. In 2007, the City adopted an ordinance (Municipal Code Chapter 9.24) which completely prohibits marijuana cultivation inside the City. The Citys current regulations do not follow State law (Health and Safety Code Section 11362.5 et. seq., known as the Compassionate Use Act of 1996 or CUA and Health and Safety Code Section 11362.7 et. seq., known as the Medical Marijuana Program Act or MMPA) and therefore are basically unenforceable and subject to legal challenges. Outdoor cultivation of marijuana has caused Lakeport residents to complain about very strong pungent odors (a skunk-like odor) from maturing plants that encroach into their adjacent outdoor yard areas. The strength of the odor is reported to be so strong as to deprive them of enjoyment of their yards. Complaints have also been received from residents of adjacent units in multifamily residences complaining of obnoxious odors from indoor marijuana cultivation. Damage to the interior of residences from the odor, mold and water has been reported by landlords. Most of these hazards are particularly acute in the fall as the plants mature before harvest. Indoor marijuana cultivation can also occur throughout the year causing continual odor problems and other related issues (mold growth, interior moisture damage and increased fire hazards). As a result of the nuisance complaints and other public safety issues associated with the cultivation of marijuana in our community, the City Council directed City staff to develop a new marijuana cultivation ordinance that is consistent with the applicable State laws regarding medical marijuana but contains reasonable regulations that are designed to address public safety concerns and potential nuisance issues associated with the cultivation of medical marijuana. Several City staff members, including representatives from the Community Development and Police Departments, met in November 2012 to discuss the development of a new ordinance. Medical marijuana
Meeting Date: 5/21/2013 Page 1 Agenda Item #
cultivation ordinances from other California cities and counties were reviewed and there was a consensus that the cultivation ordinance adopted by the City of Anderson was a good starting point. The City of Andersons ordinance prohibits medical marijuana cultivation inside a residence and allows up to 50 square feet of medical marijuana cultivation to take place in a detached accessory building that is secured and provided with odor control filters. On February 5, 2013, a draft marijuana cultivation ordinance was to be considered by the City Council. However, due to the fact that the proposed ordinance will be a chapter of the Citys Zoning Ordinance, State law and the Citys Municipal Code requires it to be reviewed and approved by the Planning Commission prior to consideration by the City Council. Although the City Council did not formally review the draft ordinance in February, the Council requested the formation of an ad-hoc committee consisting of two City Council members, City staff and residents of Lakeport who expressed an interest in this issue. A committee was formed and began meeting in early March. The committee included City staff (Planning Services Manager, Police Chief and Building Official), two City Council members, and three Lakeport residents. The City Attorney also attended the committee meetings as a non-voting member and served as legal counsel. The committee met a total of four times in March and April. The draft ordinance prepared by City staff was reviewed as were other cultivation ordinances and a wide variety of information related to medical marijuana cultivation. The background materials reviewed by the committee have been shared with the Planning Commission and City Council and a web link to these materials has been posted on the Citys website (Planning Commission homepage, current staff reports and background information folder). The background documents can also be accessed via this link: https://www.dropbox.com/sh/2zsp65l36j2we2w/qafEJXGja6 Ken Wells, Chief of the Lakeport Fire Protection District, attended the March 20th meeting and provided a letter describing his agencys position on indoor marijuana cultivation activities. The letter is posted on the Citys website and states that indoor cultivation (inside a residence) is a public safety problem and that the Chief opposes these activities. The letter includes many examples of residential fires related to indoor cultivation, including one in the Lakeport Fire District and many others around Lake County. The initial draft ordinance was revised based on recommendations from the committee members. Significant changes in the original draft ordinance that were approved by the committee included: New definitions and minor changes to definitions included in the original ordinance. New and/or modified terms include: child care center; cultivation; detached, enclosed, secure structure; indoors; outdoors; rear yard; residential structure; school; and solid fence. Added subsection 3. to Section 1. B. (Intent). New language states that it is the Citys intent to enforce the provisions of the ordinance primarily on the basis of legitimate and verified complaints related to nuisance conditions and/or other public safety issues. The Police Department supported this change but emphasized that this language, if approved, will not limit the Departments ability to act on serious violations that come to their attention without a complaint. Increased the maximum allowable area for medical marijuana cultivation from 50 square feet to 80 square feet. Removed the specific wattage limit for medical marijuana cultivation lighting. New language states that the lighting shall comply with the California Building Code. Removed requirement for an audible residential alarm system serving detached, secure and enclosed accessory buildings used for the cultivation of medical marijuana. Added language prohibiting the use of flammable/volatile gas products or generators within any detached structure used for medical marijuana cultivation.
Meeting Date: 5/21/2013 Page 2 Agenda Item #
Removed several references to the word criminal in Section 1. G. (Enforcement) because the possession and use of medical marijuana has been de-criminalized by the State of California. Violations of the ordinance are now deemed to be a citable offense rather than a criminal offense and are subject to the issuance of an Administrative Citation which is defined as an infraction. Meeting notes from all four committee meetings are also posted on the Citys website and provide additional details regarding the amendments to the draft ordinance recommended by the committee as well as other discussion topics. The committee held a final meeting on April 17 at which time the revised draft ordinance was reviewed and unanimously approved to be referred to the Planning Commission for their consideration. The Lakeport Planning Commission conducted a properly-noticed public hearing on May 8, 2013 to review the draft ordinance make a recommendation to the City Council as required by the Citys Municipal Code. As noted in the Minute Order of the May 8 meeting (see Exhibit 1), the Commission heard testimony from several interested parties including two Lakeport residents who served on the cultivation ordinance committee. Following the public hearing, the Planning Commission recommended several revisions to the draft ordinance and unanimously voted to recommend adoption of the revised ordinance to the City Council. Please refer to the attached Minute Order for the specific revisions recommended by the Planning Commission. The Planning Commissions recommendation to the City Council was based on a finding that adoption of the ordinance is in the best interest of the City and its residents. The draft ordinance has been revised to incorporate the recommended changes and is attached (Exhibit 2) for consideration by the City Council. DISCUSSION: This proposed ordinance restricts the cultivation of medical marijuana in residential zoning districts to detached, enclosed and secure accessory buildings; limits the cultivation area to a maximum of 80 square feet; requires security and odor control measures to be in place; addresses the proximity of marijuana cultivation activities to schools, parks and childcare facilities; and includes other measures intended to address the potential problems associated with the cultivation of medical marijuana. As described in the Staff Report presented to the Planning Commission (Exhibit 3), the proposed ordinance is the result of substantial input by the affected stakeholders, including City staff, elected officials, and proponents/advocates for the use and/or cultivation of medical marijuana. Staff believes the proposed ordinance achieves an appropriate balance between the applicable State laws (the CUA and MMPA) governing the cultivation of medical marijuana and the Citys legal right to establish reasonable regulations that promote public health and safety and the right for residents to be comfortable and free of nuisance odors or other detrimental effects resulting from marijuana cultivation. OPTIONS: 1. Introduce the proposed Ordinance and set a public hearing date for its second reading and adoption. 2. Propose revisions to the draft Ordinance and request that it be returned to the City Council for further discussion. FISCAL IMPACT: None $ Account Number: Comments:
Page 3
Agenda Item #
No significant fiscal impacts are anticipated as a result of the proposed modifications to the Zoning Ordinance. Typical expenses related to the public hearing notice, ordinance publication and codification will be incurred. Positive fiscal impacts may be realized given that there will be fewer marijuana-related nuisance conditions in our community. The medical marijuana cultivation regulations may attract new residents to the City and property tax and other revenue increases are a possibility. SUGGESTED MOTIONS: Move that the City Council introduce the proposed Ordinance adding Title 17, Chapter 17.38 of the Lakeport Municipal Code related to the establishment of regulations pertaining to the cultivation of medical marijuana and set a public hearing and second reading for June 18, 2013, at 6:00 p.m. Exhibit 1: Planning Commission Minute Order (May 8, 2013 meeting) Exhibit 2: Proposed Medical Marijuana Cultivation Ordinance Exhibit 3: Planning Commission Staff Report (May 8, 2013)
Attachments:
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Agenda Item #
Exhibit 2
ORDINANCE NO. 889 (2013)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKEPORT ENACTING CHAPTER 17.38 OF THE LAKEPORT MUNICIPAL CODE, REGARDING MEDICAL MARIJUANA CULTIVATION
WHEREAS, the City of Lakeport Municipal Code establishes rules and regulations for living and doing business within city limits, and; WHEREAS, Health and Safety Code Section 11362.5 et. seq., known as the Compassionate Use Act of 1996, (CUA), adopted by the voters in the State of California, allows a person to use marijuana for medical purposes with a doctors recommendation without violating state criminal laws concerning the use, possession or cultivation of marijuana, and; WHEREAS, Health and Safety Code Section 11362.7 et. seq., known as the Medical Marijuana Program Act, (MMPA), was adopted by our state legislature and offers some clarification on the scope of the Compassionate Use Act of 1996 and allowed cities and other governing bodies to adopt and enforce rules and regulations related to medical marijuana, and; WHEREAS, the City may impose regulations to ensure the safety of our residents, being careful not to unreasonably limit the rights of qualified patients under the CUA and MMPA, and; WHEREAS, numerous locations in the city have had reports of thefts or attempted thefts of medical marijuana, and; WHEREAS, cultivation of medical marijuana inside of residences and attached garages create the potential for risk of fire related to the improper use or modification of electrical systems, and; WHEREAS, medical marijuana growth can pose significant safety risks for surrounding neighbors, and can cause nuisances associated with the odor of the marijuana plants and public safety issues concerning theft of plants, and; NOW, THEREFORE, BE IT ORDAINED AS FOLLOWS: Section 1. The City Council of the City of Lakeport does hereby add the following Chapter to the Municipal Code: Chapter 17.38 Medical Marijuana Cultivation A. Legislative Findings. The City Council finds as follows: 1. In 1996, the voters of the State of California approved Proposition 215 which was codified as California Health and Safety Code Chapter 11362.5, and entitled "The Compassionate Use Act of 1996" ("the Compassionate Use Act" or CUA). The intent of the Compassionate Use Act was to enable persons who are in need of marijuana for medical purposes to obtain and use it under limited, specific circumstances, without being subject to criminal prosecution under certain state statutes.
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Lakeport Ordinance #889 / Medical Marijuana Cultivation
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On January 1, 2004, Senate Bill 420, codified as California Health and Safety Code Chapters 11362.7 et seq. and entitled The Medical Marijuana Program, (MMP) became effective to clarify the scope of the Compassionate Use Act. California Health and Safety Code Chapter 11362.83 expressly allows Cities and Counties to adopt and enforce ordinances that are consistent with Senate Bill 420. The City of LAKEPORT has adopted a Zoning Ordinance identified as Title 17 (Zoning) of the City of LAKEPORT Municipal Code. Prior to the enactment of this Chapter, there were no regulations addressing Cultivation of Medical Marijuana in the Zoning Ordinance. The City of LAKEPORT with a population of 4,622 (January 1, 2012) is a small town with a high percentage of non-owner occupied residential units. Landlords have complained of damage caused by unauthorized cultivation activities in their rental properties. The City of LAKEPORT Police Department, City residents and other public entities have reported adverse impacts from Medical Marijuana cultivation, including disagreeable odors; increased risk of burglary and other property crimes; and acts of violence in connection with the commission of such crimes or the occupants attempts to prevent such crimes. The creation of persistent strong odors as marijuana plants mature and flower is offensive to many people and creates an attractive nuisance, alerting persons to the location of valuable marijuana plants and creating an increased risk of crime. The indoor cultivation of substantial amounts of marijuana also frequently requires excessive use of electricity, which often creates an unreasonable risk of fire from the electrical grow lighting systems used in indoor cultivation. Children are particularly vulnerable to the effects of marijuana use, and the presence of marijuana plants has proven to be an attractive nuisance for children, creating an unreasonable hazard in areas frequented by children including schools, child care centers, parks, and other similar locations. The City Council finds and determines that the enactment of this Chapter is exempt from environmental review pursuant to California Environmental Quality Act Guidelines Chapter 15061(b)(3) in that there is nothing in this Chapter or its implementation that could have a foreseeable significant effect on the environment.
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Intent. 1. The City Council of the City of LAKEPORT, pursuant to Chapter 17.38 of the LAKEPORT Municipal Code, hereby intends to regulate the cultivation of marijuana for medical purposes, including but not limited to, regulations as to location of the cultivation, size of the area used for cultivation, and the use of fencing or other screening and security structures, to accommodate the needs of qualified patients and their caregivers, and in furtherance of the public necessity, convenience and general welfare. Nothing in this Chapter shall be construed to authorize any use, possession, cultivation, or distribution of marijuana for non-medical purposes. 2. This Chapter is established to regulate Medical Marijuana cultivation in a manner that mitigates potential impacts on surrounding properties and persons, and that is in
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conformance with the provisions of California Health and Safety Code Chapter 11362.5 through 11362.83. 3. It is the intent of the City of LAKEPORT to enforce the provisions of this Chapter primarily on the basis of legitimate and verified complaints received from the public related to nuisance conditions and/or other public safety issues. C. Applicability. The provisions of this Chapter shall apply to all persons and businesses described herein whether the activities described herein were established before or after the effective date of this Chapter. Title 17, Chapter 17.36 of the Municipal Code, Nonconforming Uses, shall not apply to preexisting land or building uses inconsistent with the provisions of this Chapter. Definitions. Canopy means the total combined canopy area for all locations on a property where medical marijuana is being cultivated, including indoor areas, as measured by the horizontal extent of the plant or combination of plants at the widest point and measured in a straight line. Child care center means any licensed child care center, daycare center, or childcare home, or any preschool. Cultivation means the planting, growing, harvesting, drying, or processing of marijuana plants or any part thereof for medical use consistent with the Compassionate Use Act (Health and Safety Code Section 11362.5) or the Medical Marijuana Program Act (Health and Safety Code Section 11362.7 et. seq.). Detached, fully-enclosed and secure structure is a building completely detached from a residence that complies with the City of Lakeport Building and Zoning Codes and has a complete roof enclosure supported by connecting walls extending from the ground to the roof, and is secure against unauthorized entry, and is accessible only through one or more lockable doors. Indoors means within a fully enclosed and secure structure. Marijuana shall have the same meaning as that set forth in California Health and Safety Code Chapter 11018. "Medical Marijuana" means medical marijuana that has been recommended by a licensed physician in strict accordance with California Health and Safety Code Chapters 11362.5 through Chapter 11362.83, inclusive, commonly referred to as the Compassionate Use Act and the Medical Marijuana Program. Outdoor means any location within the City that is not within a fully enclosed and secure structure. Primary Caregiver shall have the same definition as California Health and Safety Code Chapter 11362.7(d), as may be amended. Qualified Patient shall have the same definition as California Health and Safety Code Chapters 11362.7 (c) and (f), as may be amended. Rear yard is the rear open space portion of any premises, whether fenced or unfenced.
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Residential structure is any building or portion thereof legally existing which contains living facilities, including provisions for sleeping, eating, cooking and sanitation on a premises or legal parcel located within a residential or agricultural-residential zoning district. School means an institution of learning for persons under twenty-one (21) years of age, whether public or private, offering regular course of instruction including, without limitation, a kindergarten, elementary school, middle or junior high school, or senior high school. Solid fence means a fence constructed of substantial material (such as wood) that prevents viewing the contents from one side to the other. E. Regulation of Location. 1. Medical Marijuana cultivation shall be prohibited on any parcel within the incorporated area of the City of LAKEPORT except as an accessory use to a legally established residence within a legal accessory structure on a legal parcel within the R-1, R-2, R-3, R-5 and UR zoning districts. No medical marijuana cultivation is permitted within three hundred feet of any school, child care center, park or playground. The distance between any marijuana cultivation and any school, child care center, park or playground shall be measured in a straight line, without regard to intervening structures, from the closest exterior wall of the detached accessory building in which the marijuana cultivation is occurring to the closest property line where the other building or activity is conducted. Except as provided in Chapter 17.38(E)(4), Medical Marijuana cultivation may be undertaken only by a qualified patient who must occupy the residence on the parcel proposed for cultivation as their primary residence. A qualified primary caregiver, as defined, may undertake cultivation of Medical Marijuana on behalf of his/her qualified patient(s), but only in a detached, fullyenclosed and secure accessory structure located on a parcel containing the primary caregivers or qualified patients primary residence. Cultivation shall only be permitted in a detached, fully-enclosed and secure accessory structure and said cultivation area, including the plant canopy, shall be limited to 80 square feet per parcel or residence, whichever is less. The cultivated marijuana may be used only by the qualified patient and not distributed, sold, given or transferred in any way to any other person or organization. The use of a detached, fully-enclosed and secure accessory structure for cultivation of Medical Marijuana shall not reduce the required parking required per Lakeport Municipal Code Chapter 17.23.. Outdoor cultivation shall be unlawful and a public nuisance for any person owning, leasing, occupying or having charge for possession of any parcel within any zoning district in the City of LAKEPORT. Indoor Cultivation within a residence shall be unlawful and a public nuisance with regard to any person owning, leasing, occupying or having charge for possession of any parcel within any zoning district in the City of LAKEPORT. From a public right-of-way there shall be no exterior evidence of Medical Marijuana cultivation located inside a detached, fully-enclosed and secure accessory structure.
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7.
8.
F.
Development and Operational Standards: 1.
2.
The qualified patient or primary caregiver shall reside in the residence located on the parcel containing the detached, fully-enclosed and secure accessory structure where the Medical Marijuana cultivation occurs. The qualified patient or primary caregiver shall not cultivate Medical Marijuana in any other location within the incorporated City of LAKEPORT other than in the accessory structure located on the parcel containing his/her primary residence. The qualifying residence located on the property containing the detached, fullyenclosed and secure accessory structure in which Medical Marijuana is cultivated shall maintain kitchen, bathrooms, and primary bedrooms for their intended use and shall not be used for Medical Marijuana cultivation. Medical Marijuana cultivation shall not adversely affect the health or safety of nearby residents by creating dust, glare, heat, noise, noxious gasses, odor, smoke, traffic, vibration, or other impacts, or be hazardous due to use or storage of materials, processes, products or wastes. Residential accessory structures used for cultivation shall meet the following criteria: o The structure shall be provided with a locking door or doors. o If a secure structure is not feasible and the cultivation building is an unsecured structure then it shall additionally be surrounded by a secure solid six (6) foot high fence located within ten (10) feet of the unsecured structure and equipped with a lockable gate. o The structure shall be located in the rear yard portion of the lot and maintain a minimum of a ten (10) foot setback from the side and rear property lines and from any other building on the parcel. o Any accessory structure utilized for cultivation of marijuana shall be legally constructed with a building permit if it exceeds 120 square feet of size. No more than 80 square feet of floor area shall be used for the cultivation of marijuana. The plant canopy shall be contained within the 80 square feet of floor area. All electrical and plumbing fixtures shall be installed with a valid building permit from the City. Such building permits will only be issued to the owner of the property. If the resident is proposing to convert an existing accessory structure, or a portion of an existing structure, for cultivation of marijuana, an inspection will be required to ensure compliance with the ordinance. o Medical Marijuana cultivation lighting shall comply with the California Building, Electrical and Fire Codes as adopted by the City. o Flammable or volatile gas products or generators shall not be used within any detached structure used for the cultivation of medical marijuana. o Any detached, fully-enclosed and secure structure used for the cultivation of medical marijuana must have a ventilation and filtration system installed that shall prevent nuisance marijuana plant odors from exiting the interior of the structure. If a permanent, built-in ventilation and filtration system is installed, it shall be subject to the issuance of a building permit, approval by the Building Official and must be installed prior to commencing cultivation within the detached, fully-enclosed and secure structure.
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3.
4.
5.
6.
o Accessory structures utilized for cultivation shall be ventilated with odor control filters, and shall not create an odor, humidity or mold problem on the subject property or adjacent properties.
o
Other activities may occur within a detached fully-enclosed and secure accessory structure where medical marijuana is cultivated provided that the cultivation area within the structure, including the plant canopy, does not exceed 80 square feet of floor area and further provided that the cultivation area is segregated from all other building uses by permitted walls and all other conditions of this Chapter are satisfied.
7.
Wherever Medical Marijuana is grown, a copy of a current and valid, State-issued medical marijuana card or a current and valid physicians recommendation for medical marijuana must be kept available to immediately present to officers of the City and law enforcement officers upon request. Nothing in this Chapter shall be construed as a limitation on the Citys authority to abate any nuisance which may exist from the planting, growing, harvesting, drying, processing or storage of marijuana plants or any part thereof from any location, indoor or outdoor, including from within a detached, fully-enclosed and secure structure. Right of Entry: Persons designated by resolution as Code Enforcement Officers of the City are authorized to enter upon and inspect private properties to ensure compliance with the provisions of Chapter 17.38 of the LAKEPORT Municipal Code. Reasonable advance notice of any such entry and inspection shall be provided and, before entry, consent shall be obtained in writing from the owner or other person in lawful possession of the property. If consent cannot for any reason be obtained, an inspection warrant shall be obtained from a court of law prior to any such entry and inspection. In those cases where consent is denied, the City may seek to recover the costs it incurs in obtaining a warrant from the property owner and/or person in lawful possession of the property. Public Nuisance. The maintaining, cultivating or growing of marijuana upon private property within the City of LAKEPORT, unless in full compliance with the provisions of Chapter 17.38 of the LAKEPORT Municipal Code, is declared to be a public nuisance as defined in Chapter 370 of the California Penal Code and Chapter 8.22 of the LAKEPORT Municipal Code. Citable Offense: Every person who, in violation of the provisions of Chapter 17.38 of the LAKEPORT Municipal Code, maintains, permits or allows marijuana to be grown upon his or her property or premises, and every person occupying, renting or leasing the property or premises of another who maintains, permits or allows marijuana to be grown thereon in violation of this Chapter is guilty of an infraction punishable as set forth in Chapter 1.08.010 of the LAKEPORT Municipal Code. After written notice is provided to any such person of such violation, the continued existence of such violation for each and every day after the service of such notice shall be deemed a separate and distinct offense. Issuance of Citations: All persons designated by resolution as Code Enforcement Officers of the City are authorized to issue citations to persons deemed to be in violation of the provisions of Chapter 17.38 of the LAKEPORT Municipal Code.
6
8.
G.
Enforcement. 1.
2.
3.
4.
Such citations shall be expeditiously processed through use of the Administrative citation process or where appropriate through filing an infraction in the appropriate court of law. 5. Remedies Non-Exclusive. The remedies provided herein shall not be the exclusive means of enforcing the provisions of this Chapter nor the exclusive means available to the City to address problems associated with the cultivation of marijuana, whether for medical or other purposes. The City shall continue to have available to it the ability to pursue abatement of nuisances and other problems related to marijuana cultivation under California Penal Code Chapters 372 and 373a and other applicable provisions of law. The City may also pursue the recovery of its abatement costs in the manner provided by the LAKEPORT Municipal Code.
H.
Liability. The provisions of this Chapter shall not be construed to protect the property owner(s) of record for each legal parcel associated with the cultivation of Medical Marijuana, lessees, tenants, and other participants in the cultivation of Medical Marijuana, and members of collectives and/or cooperatives associated with the cultivation of Medical Marijuana, from prosecution pursuant to any laws that may prohibit the cultivation, sale, and/or possession of controlled substances. Moreover, cultivation, sale, possession, distribution, and use of marijuana remain violations of federal law as of the date of adoption of the ordinance creating this Chapter and this Chapter is not intended to, and does not protect any of the above described persons from arrest or prosecution under those federal laws. The property owner(s) of record for each legal parcel associated with the cultivation of Medical Marijuana, lessees, tenants, and other participants in the cultivation of Medical Marijuana, and members of collectives and/or cooperatives associated with the cultivation of Medical Marijuana, assume any and all risk and any and all liability that may arise or result under state and federal criminal laws from the cultivation of marijuana. Further, to the fullest extent permitted by law, any actions taken under the provisions of this Chapter by any public officer or employee of the City of LAKEPORT or City of LAKEPORT itself, shall not become a personal liability of such person or the liability of the City of LAKEPORT.
Section 2. If any provisions of this ordinance or its application to any person or circumstance are held invalid, the invalidity does not affect other provisions or applications of this ordinance that can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable. Section 3. All former ordinances including but not limited to Chapter 9.24 and resolutions, or parts thereof, conflicting or inconsistent with the provisions of this ordinance are hereby repealed. Section 4. This Ordinance shall be published in a newspaper of general circulation in the City of LAKEPORT, in the manner provided by Chapter 36933 of the Government Code of the State of California, and shall be effective 30 days after its passage. The foregoing Ordinance was introduced at a regular meeting of the City Council of the City of LAKEPORT held on May 21, 2013 and duly adopted at a regular meeting and public hearing of the City Council of the City of LAKEPORT held on June 18, 2013 by the following vote:
7
AYES: NOES: ABSTAIN: ABSENT: ___________________________ Thomas Engstrom, Mayor ATTEST: _______________________________ KELLY BUENDIA, Deputy Clerk APPROVED AS TO FORM: ___________________________ STEVEN J. BROOKES, City Attorney
CITY OF LAKEPORT
STAFF REPORT
RE: Public Hearing to Review the Community Development Block MEETING DATE: Grant #09-EDEF-6531 SUBMITTED BY: Margaret Silveira, City Manager PURPOSE OF REPORT: Information only Discussion Action Item 06/18/2013
WHAT IS BEING ASKED OF THE CITY COUNCIL/BOARD: Open public hearing to review the Final Grantee Performance Report (disclosure of accomplishments) for the Business Loan Program Community Development Block Grant #09-EDEF-6531. BACKGROUND/ DISCUSSION: The City of Lakeport entered into an agreement with Community Development Services (CDS) to provide business loan services for Community Development Block Grant #09-EDEF-6531 on November 15, 2011. The purpose of the business loan program is to provide financing at a lower than market interest rate with flexible terms to City businesses that in turn must create one full time job for every $35,000 loaned to them. The agreement for services ended March 31, 2013. Summation of Activities The following is a summation and aggregations of activities we pursued under the services agreement. No loans were closed and no loan funds dispersed under this grant. Business Type Loan size and purpose Interaction Outcome
Clothing Store
$70,00/Solar panel Installation/Inventory
Site visits, interviews Financials, forecasts Draft proposal prep
Postponed improvements until economy improves
CPA/Tax Preparer
$250,000/Business Purchase
Project and Program review, application, forecasts
Job requirement exceeded business capacity
$35,000/Debt
Site visit, loan

Page 1

Agenda Item #VI.B.
Auto Repair
restructure
application, financials Job requirement exceeded business capacity
$250,000/Site improvements Retail Sales
Site visit, interviews, loan application, financial review
$150,000/Business expansion Auto & Truck components $15,000/Business expansion Beverage Sales
Site visit, interviews, loan application, forecast, financials
No new job creation
Site visit, interviews, loan application, forecast, financials Job requirement exceeded business capacity
$70,000/Business conversion Beverage Tasting
Found other financing Site visit, interviews, application, preliminary financial review Postponed
$70,000/New equipment
Recreation $250,000/new equipment
Interviews & meetings, review with bank
No Job creation
Storage Tanks
$35,000/Start up cost Site visit, interviews, application, preliminary financial review
Did not cash flow
Page 2
Agenda Item #VI.B.
Snack Shop
Start up Site visit Did not cash flow
Restaurant
$70,000/New equipment
Interview, application No completion of documentation
$100,000/Start up Restaurant
Taxi Cab
Conclusion The primary reason businesses could not utilize the program was the job creation requirement during this economic recession The grant documents needing to be executed at this time are the close out documents, as this grant has expired, and, more importantly, the funds request, which will reimburse the City for General Administration costs associated with the grant. OPTIONS: N/A. FISCAL IMPACT: None SUGGESTED MOTIONS: Move to approve the attached the Final Grantee Performance Report (disclosure of accomplishments) for the Business Loan Program Community Development Block Grant #09-EDEF-6531 and authorize the City Manager to execute documents on behalf of the City of Lakeport for CDBG Grant #09-EDEF-6531. Account Number: Comments:
Attachments:
Final Grantee Performance Report for the Business Loan Program Community Development Block Grant #09-EDEF-6531
Page 3 Agenda Item #VI.B.
Public Hearing Notice for the June, 4, 2013 City Council Meeting Agenda for the June 4, 2013 City Council Meeting, agenda item moved to June 18, 2013 Council Meeting. Closeout Certification of CDBG Grant No. 09-EDEF-06531
Page 4
Agenda Item #VI.B.
Grantee Performance Report ECONOMIC DEVELOPMENT Business Assistance & Infrastructure
Report Period
Standard Agreement
7/1/12 - 3/31/13
09-EDEF-6531
This section applies to Economic Development activities that facilitate the creation of business and jobs. Check off the activity you are reporting. If more than one activity is being reported, you will need to create a duplicate sheet. Do not use this page to report on Micro Enterprise activities, use page nine (9).
Page 9
Rehabilitation Publicly/Private Commercial Industry (14E) Commercial/Industrial Land Acquisition/Disposition (17A) Commercial Industrial Infrastructure Development (17B) Building Acquisition, Construction, Rehabilitation (17C) Other Commercial/Industrial Improvements (17D) ED Direct Financial Assistance for For-Profits (18A) Health Facilities - Jobs (03P)
Program Description Check all statements that are applicable to this activity. This activity will include: a. One-for-One Replacement (Reconstruction) complete Appendix A. b. Public improvement activity for which a Special Assessment will be levied. c. Displacement of household, business, farms, nonprofits, complete Appendix B. d. The activity is designed to generate program income e. The designation of an economic development "Favored activity". f. The funding of Colonia(s). g. Brownfield Activity Indicate the number of remediated acres: h. Historic Preservation Area. i. Presidential Declared Disaster. l. Limited Clientele by Nature/Location or Presumed Benefit, complete Appendix C. m. A Subrecipient Agreement for this activity, complete Appendix D. n. A designation of Slum and Blight, complete Appendix E. o. How many Veterans (if any) are being assisted by this program or project? Section 3 Economic Opportunities for Low & Very Low Income
Check box if the grant award is over $200,000 in CDBG funds. Check box if you have a construction contract or subcontract greater than $100,000. If both boxes are checked, you are required to comply with Section 3 reporting requirements pursuant to HUD (24 CFR 135). Attach a Section 3 report and submit the report with this GPR.
IDIS cdbg 6
Minority Contractor Information

Provide the total dollar amount of this activity that will be directed towards
Firms owned wholly or in substantial part by: Minority group members Women Other (Specify)
Value of Contract
Page 1 of 9
TYPE OF ASSISTANCE
1. What type of financing was provided to the beneficiaries: 2. Indicate the number of grants and/or loans provided this Report Period: Grants 3. Indicate the total number of grants and/or loans provided for the entire contract term: Grants 4. When assistance is provided in the form of loans, enter the terms of financing: Interest Rate Number of Months (%) (#) a. Amortized Loan: b. Deferred Payment/ Forgiveness Loan: Grants Loans No loans or grants Loans
IDIS cdbg 5
Loans
Loan Amounts ($)
DIRECT BENEFIT
This page allows you to report on race/ethnicity and income levels of employees for LMJ activities and people for an LMA service area : Totals Race & Code All Hisp White (11): 0 0 Black/African American (12): 0 0 Asian (13): 0 0 American Indian/Alaskan Native (14): 0 0 Native Hawaiian/Other Pacific Isl. (15): 0 0 Am. Indian/Alaskan Native & White (16): 0 0 Asian & White (17): 0 0 Black/African Am. & White (18): 0 0 Am. Indian/Alaskan & Blck/Afrcn (19): 0 0 Other Multi-Racial (20): 0 0 TOTALS 0 0 Number of Female Head of Households
IDIS cdbg 8
INCOME LEVELS
The number of employees based on income levels: Employees Extremely Low (<30%) 0 Low (31%-50%) 0 Moderate (51%-80%) 0 Non-Low/Moderate Income (+80%) 0 Totals 0 Total all years 0 0 0 0 0
IDIS cdbg 13
Jobs
Full Time Total Low & Mod 0 0 0 0 Part Time Weekly Hours Total Low & Mod 0 0 0 0
IDIS cdbg 11
1 Actual: Created: Retained:
Page 2 of 9
2 What number of jobs have employer sponsored health care benefits: Created: 0 Retained: 3 What number were unemployed prior to the jobs created under this activity: 4 Indicate the type of jobs being created or retained: Type of Jobs Created: 0 0 0 0 0 0 0 0 0
IDIS cdbg 26 & 27
Officials and Managers Professional Technicians Sales Office and Clerical Craft Workers (skilled) Operatives (semi-skilled) Laborers (unskilled) Service Workers
Jobs Retained: 0 0 0 0 0 0 0 0 0
Assistance To Business Businesses assisted: 1 NEW

Start-ups Assisted Last Report: Added Start-up Assisted this Report: Total Start-ups assisted under this Contract: 0 0 0
IDIS cdbg 28
EXISTING
Existing Businesses Assisted Last Report: Existing Business Assisted this Report Period: The Total Existing Business Assisted under this contract: Of the Total Existing Businesses Assisted, what number are expanding Of the Total Existing Businesses Assisted, what number are relocating
0 0 0
2 Specify each New Business assisted & DUNS#:
Specify each Existing Business assisted & DUNS#:
ACCOMPLISHMENT NARRATIVE:
Page 3 of 9
PUBLIC FACILITIES AND IMPROVEMENTS IN SUPPORT OF JOBS

If the activity has a matrix code from the 03 series (03A-03T) and creates jobs, than complete the following questions:
IDIS cdbg 17B
1. Indicate the number of households assisted, according to the following: a. Total benefiting for the program year b. Now have new access to this public facility (community facility) or infrastructure improvement (public works): c. Now have improved access to this type of public facility (community facility) or infrastructure improvement (public works): d. That are served by the public facility (community facility) or infrastructure improvement (public works) that is no longer substandard: 2. If the activity provides beds and shelter to the homeless, a. What number of homeless persons were given overnight shelter: b. Indicate the number of beds created in overnight shelter or other emergency housing:
Page 4 of 9
Grantee Performance Report Appendix A - One for One Replacement Replacement Housing
Report Period
Standard Agreement
7/1/12 -3/31/13
09-EDEF-6531
If multiple locations, please duplicate and make additional forms as necessary. Indicate the address of the units to be demolished-converted:
IDIS cdbg 16
Demolished/Converted Address
Indicate the number and type of bedroom units 0/1 Zero or One bedroom unit Two Bedroom Units Three Bedroom Units Four Bedroom Units 5+ Five or more Bedroom Units Grant or Loan Agreement Executed Date:
Demolition or Conversion Agreement Date:
Replacement Address
Number of bedroom units 0/1 Zero or One bedroom unit Two Bedroom Units Three Bedroom Units Four Bedroom Units 5+ Five or more Bedroom Units
Date units will be available:
Date of any exception agreement:
Page 5 of 9
Grantee Performance Report Appendix B - Displacement

Indicate the census tract of origin: Indicate the City:
Report Period
Standard Agreement
7/1/12 - 3/31/13
09-EDEF-6531
IDIS cdbg 15
Race & Code White (11): Black/African American (12): Asian (13): American Indian/Alaskan Native (14): Nat.Hawaiian/Oth Pacific Isl (15): Am. Indian/Alaskan Nat. &White (16): Asian & White (17): Black/African Am. & White (18): Am.Indian/Alskn & Blck/Afrcn (19): Other Multi-Racial (20): Indicate the census tract of those relocated: Indicate the City:
Displaced All Hisp 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
Remain All Hisp 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
Relocated All 0 0 0 0 0 0 0 0 0 0
Hisp 0 0 0 0 0 0 0 0 0 0
Race & Code White (11): Black/African American (12): Asian (13): American Indian/Alaskan Native (14): Nat.Hawaiian/Oth Pacific Isl (15): Am. Indian/Alaskan Nat. &White (16): Asian & White (17): Black/African Am. & White (18): Am.Indian/Alskn & Blck/Afrcn (19): Other Multi-Racial (20):
Displaced All Hisp 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
Remain All Hisp 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
Relocated All 0 0 0 0 0 0 0 0 0 0
Hisp 0 0 0 0 0 0 0 0 0 0
If there is more than one census track, indicate the additional census tract and race distribution of those relocated. Indicate the City
Page 6 of 9
Grantee Performance Report Appendix C - Presumed Benefit & Nature and Location 1. Presumed Benefit
Report Period
Standard Agreement
7/1/12 - 3/31/13
09-EDEF-6531
IDIS User Guide 8-73
If the activity is funded under a National Objective Code of Low and Moderate Income Clientele, indicate the number of beneficiaries that fall into one or more of the following categories. Use the following income levels when reporting on the beneficiaries race and income on other pages of the GPR. Number of: Abused Children Battered Spouses Severely Disabled Adults (Per Census Definition) Illiterate Adults Persons with Aids Homeless Persons Migrant Farm workers Elderly Persons
Extreme Low Income Low Income Low Income Low Income Low Income Extreme Low Income Low Income Use Moderate Income if at a center with services, if not center based, use Low Income
IDIS cdbg 10
2. Nature and Location

Provide a narrative description of how the nature/location of this activity benefits low and moderate persons:
Page 7 of 9
Grantee Performance Report Appendix D - Sub-recipient Agreement
Report Period
Standard Agreement
7/1/12 - 3/31/13
09-EDEF-6531
IDIS cdbg 3
ORGANIZATION CARRYING OUT ACTIVITY

Indicate if the activity will be carried out by one of the following: Grantee employees Contractors Grantee employees & contractors By others under a Sub-recipient Agreement If you are using a Sub-recipient Agreement, indicate the name of the Organization:
Activity is being carried out by: A 105 (a) (15) entity as defined under the Housing and Development Act Another unit of local government Another public agency
IDIS cdbg 4
Indicate all that applies to this organization: Non-profit organization For-profit entity A faith-based organization An institution of higher education
Code Section 105(a) (15) is from the Housing and Development Act and provides the provision of assistance to neighborhood-based nonprofit organizations, local development corporations, and nonprofit organizations serving the development needs of communities in non-entitlement areas to carry out neighborhood revitalization, community economic development or energy conservation projects.
Page 8 of 9
Grantee Performance Report Appendix E - Slum & Blight Area
Report Period
Standard Agreement
7/1/12 - 3/31/13
09-EDEF-6531
IDIS cdbg 12
Provide a description of the boundaries of the designated area Not the census tract/block data required for LMA) Boundaries:
Percent of Deteriorated Buildings/Qualified Properties:
Public Improvement/Type Condition: Provide a brief description identifying each type of improvement / type of condition
Slum/Blight Designation Year
Page 9 of 9
REGULAR JOINT MEETING OF THE LAKEPORT CITY COUNCIL AND THE LAKEPORT REDEVELOPMENT AGENCY
Tuesday, June 04, 2013 City Council Chambers, 225 Park Street, Lakeport, California 95453
AGENDA
Any person may speak for three (3) minutes on any agenda item; however, total public input per item is not to exceed 15 minutes, extended at the discretion of the City Council. This rule does not apply to public hearings. Non-timed items may be taken up at any unspecified time.
I. II. III. IV.
BUDGET WORKSHOP: CALL TO ORDER & ROLL CALL: PLEDGE OF ALLEGIANCE: ACCEPTANCE OF AGENDA: Urgency Items:
4:30 p.m. - Conduct workshop regarding 2013-2014 budget. 6:00 p.m.
Move to accept agenda as posted, or move to add or delete items. To add item, Council is required to make a majority decision that an urgency exists (as defined in the Brown Act) and a 2/3rds determination that the need to take action arose subsequent to the Agenda being posted.
The following Consent Agenda items are expected to be routine and noncontroversial. They will be acted upon by the Council at one time without any discussion. Any Council Member may request that any item be removed from the Consent Agenda for discussion under the regular Agenda. Removed items will be considered following the Consent Calendar portion of this agenda.
V.
CONSENT AGENDA: A. B. C. D. E. F. G. Ordinances: Minutes: Warrants: Fireworks Plan Application No. 2013-011 Application No. 2013-012
Waive reading except by title, of any ordinances under consideration at this meeting for either introduction or passage per Government Code Section 36934. Approve minutes of the regular City Council meeting of May 21, 2013. Approve warrant register from May 30, 2013. Receive and file staff report including Police Operation Plan for Illegal Fireworks.
VI.
Reappointment to Parks and Recreation Commission PUBLIC PRESENTATIONS/REQUESTS: A. Citizen Input:
Approve Application No. 2013-011 for Sponsoring Survivorship to holds its annual walk/run on October 5, 2013, to assist Lake County women and men in their battle against breast cancer. Approve Application No. 2013-012 for the Annual Opening Day of the Fair Parade to be held August 29, 2013. Reappoint Lynn Andre to the Parks & Recreation Commission.
VII.
PUBLIC HEARING: A. Community Development Block Grant Close Out
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.
VIII. IX.
CITY COUNCIL COMMUNICATIONS: A. Miscellaneous Reports, if any: ADJOURNMENT:
Consider the City Managers recommendation to continue the scheduled Public Hearing on Community Development Block Grant Close Out of 09-EDEF-6531 to June 18, 2013.
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. In compliance with the Americans with Disabilities Act, the City of Lakeport will make available to members of the public any special assistance necessary to participate in this meeting. The public should contact the City Clerks Office at (707) 263-5615 to make such a request. Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.
_______________________________________ Kelly Buendia, Acting City Clerk
City Council Lakeport Redevelopment Successor Agency City of Lakeport Municipal Sewer District
CITY OF LAKEPORT
STAFF REPORT
RE: Fiscal Year 2013-2014 Budget Adoption SUBMITTED BY: Margaret Silveira, City Manager PURPOSE OF REPORT: Information only Discussion Action Item MEETING DATE: 6/18/2013
WHAT IS BEING ASKED OF THE CITY COUNCIL/AGENCY/BOARD: Conduct a public hearing on, and adopt, the City of Lakeport recommended budget for fiscal year 20132014, including the appropriations limit (Gann Limit) for the City. BACKGROUND: Fiscal Year 2013-2014 Recommended Budget Preparing the path toward the future. This is the theme I have adopted for fiscal year 2013-2014, continuing the efforts that moved us forward last year. In preparing this years budget, I believe we have done just that, building upon the foundation laid last year by focusing on a framework designed to generate economic growth, foster fiscal sustainability, and provide the best possible quality of life for the citizens of Lakeport and the surrounding regional community. Weve weathered the effects of the Great Recession, which began in 2008 and reshaped the way in which local governments approach financial planning. General revenues have been increasing but not nearly at the rate we saw during the housing boom. Conversely, expenses are rising faster than available revenues can support. This is no more evident than with the cost of personnel (the Citys most valuable asset). But we can manage this new paradigm with careful planning and fiscal prudence, using available resources more efficiently and effectively. Appropriations (Gann) Limit In 1979, California voters approved Proposition 4 (Article XIII-B of the California State Constitution). Informally known as the Gann Initiative, Article XIII-B provides limits to the amount of tax proceeds state and local governments can spend each year. In 1980, the State Legislature added Section 9710 of the Government Code stating that the governing body of each City must establish, by resolution, an appropriations limit for the following year. The limit for any fiscal year is equal to the previous years limit, adjusted for population changes and the change in the U.S. Consumer Price Index (or California per capital personal income, if smaller). The necessary statistical information is provided by the California Department of Finance. In 1990, Proposition 111 modified Article XIII-B. A City may choose which annual adjustments to use. The adjustment factors include the growth in the California Per Capita Income, or the growth in the nonresidential assessed valuation due to construction within the City and the population growth within the City or county.
Meeting Date: June 18, 2013 Page 1 Agenda Item #VII.A.1.
Included in the budget document is information on the City's appropriations limit, otherwise known as the Gann Limit. Article XIIIB of the California Constitution (Article 4) and related implementing legislation provide for an annual appropriations limit for each entity of local government and require the governing body of each local jurisdiction to establish its appropriation limit by resolution each year. The appropriation limit does not apply to the entire City budget but only to the appropriation of proceeds of taxes in the Citys government type" funds. These include the following:
FISCAL YEAR 2013-2014 Revenue Sources Property Taxes Sales Taxes Special Taxes State Subventions Franchise Taxes Business License Taxes Appropriations Subject to Gann Limit in Fiscal Year 2011/2012 Budget Estimates $ 903,500 2,082,002 70,000 176,104 126,273 70,000 $3,427,879
Each years appropriation limit is based on the previous years limit, multiplied by the percentage change in population and the percentage change in the United States Consumer Price Index or the change in California per capital income, whichever was less. These are defined as follows: -Population Factor- At the Citys choice, either the annual change in the City's or county population. -Price Factor- At the Citys choice, either the change in California per capita income or increase in nonresidential assessed valuation due to new construction. DISCUSSION: This years approach to the budget will continue to be based on priorities. But were doing it a bit differently. Were providing context this year, structuring our priorities around specific City-wide goals. These goals were developed beginning with an all-day strategic planning session with the City Council and Management Team. The purpose of the meeting was to evaluate progress on the initiatives from previous planning cycles and to set strategic goals and objectives for the near future. The group discussed the current state of the organization, the current trends and challenges the City faces, and invested time brainstorming priorities for the current tactical, twelve month to twenty-four month planning period. The interactive discussions resulted in the selection of five strategic goals for the 2013 2015 planning cycle. It was with these goals in mind that we developed this budget plan. City Wide Goals Each department was tasked with developing their own individual priorities and goals that will contribute to the achievement of the broader City-wide goals (presented in the department section of this budget). The following are the five City-wide goals that were developed during that strategic planning session: 1. Maintain strong Council/staff relations and encourage leadership development. The primary intent here is two-fold: 1) to ensure communication between the Management Team and Council is continuously open and responsive and 2) to ensure adequate planning is done for the eventual replacement of key personnel. As the chief executive for the City Council, the responsibility for the former lies with me primarily. I intend to ensure that communication flows freely and timely between staff and Council. For the latter, I must work with each member of the Management Team to focus on the development of succession plans each of them. We will accomplish this by promoting and fostering
leadership development throughout all ranks of management. Departments will continue to promote and invest in training programs for their team members, and we will maintain the highest possible standards for the recruitment, selection, and retention of staff. 2. Strengthen community and regional involvement. As a City of a little over 4,600 residents, but with a daily population estimated between 15,000 20,000, Lakeport is integrally important to quality of life - not just to those who reside here but to the Lake County community as a whole, particularly on the western shore of Clear Lake. With this in mind, we are recommending a spending plan that will enhance communication with everyone who calls Lakeport home. We will do this through the promotion and readership of the community newsletter, enhancement of the marketing of local business, and by strengthening the relationship with the County of Lake and other regional groups toward the engagement in regional projects that benefit the community as a whole. 3. Establish and promote effective public outreach efforts. Though at first glance this goal appears similar to the one before it, theres so much more. Not only do we need to focus on communication with our local community, we need to find ways of engaging them on civic affairs. We will do this partly through the development of a social media presence and promotion of civic events and activities. Through increased efforts by our economic development program - now managed within my office - we will assemble a master list of community development partners and engage those entities on specific objectives aimed at increasing tourism, supporting and promoting local events, engaging the local wine industry, and supporting local businesses. Additionally, we will focus on increasing community outreach through community policing and crime reduction initiatives, including completing development of a marijuana ordinance using community involvement. 4. Enhance activities and programs to support local and regional economic development. Its time for Lakeport to brand its identity, and to that effort we plan to promote and market Lakeport as what it is: a destination for recreation, leisure, and the highest quality of life. My team will explore alternatives to replace the lost resources of the former redevelopment agency, revisit the storefront ordinance, and focus resources and attention to improving the physical appearance of Main Street. Most significantly on this front, we plan to refocus efforts on event promotion and the development of potential recreation and entertainment venues within the City. 5. Focus efforts on infrastructure improvements. City infrastructure has been in need of significant attention for many years, a problem not unique to Lakeport. Local governments throughout the nation struggle to find resources to address emergency infrastructure issues, let alone find ways of adequately maintaining their existing roads, water, and sewer networks. It has been a daunting challenge. Estimates generated by the City Engineer within the Pavement Management Program (PMP), and supported by the Local Area Planning Commission the entity responsible for infrastructure planning needs county wide- place the cost to maintain the existing road network in the City above $700,000 annually. This number is far beyond the regular, general revenues collected from any general fund resource, including Measure I. This means that we must target what resources we do have on specific areas and projects that result in the greatest impact and benefit to the community. Working toward identifying and focusing efforts on projects and areas where our available resources can have the greatest impact, I have directed my management team to develop a capital improvement program (CIP) and budget. A standard in long-term, municipal capital planning, a CIP evaluates the most critical capital needs and formulates strategies to direct resources at meeting them. The CIP budget included here in this document should serve as a guide for the Council and staff when planning capital projects over the next five years. We intend to take advantage of efficiencies provided through technology, including updating software and the Citys website, and making additional resources available for identified CIP projects. Developing the lakefront and doing our part in improving the quality of the Lake during the summer months also is a high priority for us.
Additionally, the City will be engaging this year in what may be the largest set of capital projects ever undertaken since its incorporation 125 years ago. Funded by recently awarded USDA grants and low interest, long-term loan funding, aimed at addressing much needed infrastructure improvement to its water and sewer systems, staff will be spending a considerable amount of time and energy completing capital projects, which together total over $8 million, spanning the next two years. Post Redevelopment The first year without redevelopment has been a year of dismantling what was the best tool available to cities in improving blighted areas and providing opportunities for economic growth in their communities. Much time has been devoted to this process, and state legislators are now looking for new opportunities to assist cities with economic growth. After realizing the short-sighted and devastating impact their actions have caused to local communities, the process in Sacramento remains ongoing. No new legislation to date has been adopted. The City has completed the substantive elements of the dissolution process and has received a finding of completion from the State Department of Finance, coined as The Golden Ticket, allowing the City to spend approximately $2 million in redevelopment bond proceeds for infrastructure improvements. Economic Development Local businesses have suffered tremendously over the past five 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 Main Street Association, the Chamber of Commerce, and the Countys marketing program. With the loss of Redevelopment, the needs for more economic development efforts are amplified. In the fall of 2012, LEDAC, in collaboration of the Main Street Association, began a process of branding the City of Lakeport. This process continues with more public meetings for input, and we will look for expert assistance through a future RFP for professional services. Staff has been very active in pursuing a regional economic development approach. The County of Lake, with approximately 60,000 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 has begun 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. Two major economic development infrastructure improvements identified by the City Council are the Downtown Improvement Project and new docks at Library Park. At this time the City has approximately $2 million in redevelopment bond proceeds, which I am recommend be targeted at efforts to promote economic development, tourism, and growth for the City. Revenues Sales tax revenues including those derived from Measure I continue to trend positively, albeit. We estimate this source to increase by 2-3% from fiscal year 2012-13, due largely to greater consumer spending in the Citys automotive sector, driven by the price of gas and new car sales. Property tax revenue in fiscal year 2013-14 will remain steady with a 4% increase expected from the redistribution of property tax (formerly known as tax increment) once allocated to the Citys former
redevelopment agency. Property tax, though a top ten revenue source for the City, is not the largest. In fact, secured property taxes account for less than half of the Bradley-Burns sales tax revenues for Lakeport. State and federal public safety grants will be maintained in fiscal year 2012-2013. This is a significant resource to support our Police Department, as costs related to officer compensation have increased significantly from 2012. We expect to continue receiving revenue from this source into fiscal year 2013-14. Franchise fees, permit fees, fees for service, and other charges are expected to remain flat over the course of the fiscal year. These revenues go to support general City operations, such as building, engineering, and planning services. All other general fund revenues are estimated to remain relatively unchanged from the prior fiscal year. The City will continue to serve as the Successor Agency to the former RDA and will be entitled to $250,000 in 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. Water and sewer enterprise activities will continue to experience increased costs; however, the recently adopted, restructured water and sewer rate schedules will begin to resuscitate these enterprise activities, returning them to fiscal solvency with an enhanced focus on infrastructure rehabilitation. Finally, we will continue to explore new sources of revenue aggressively to ensure the City can maintain vital services to the community, including public safety, infrastructure improvements, and parks and recreation. Expenditures After last years aggressive approach to balancing the budget, the management team has been relentless in making sure that the Citys budget remains structurally balanced. This was accomplished through a team effort, as health insurance, pension, and other employment costs increase. We intend to capitalize on savings from attrition and look for creative ways of meeting staffing needs in addition to the traditional method of hiring permanent employees. Staff is researching more efficient means to provide services, such as a employing a more efficient software system to provide better access and information sharing between departments. The 2013-14 budget will continue to include employee furloughs and make use of a 9/80 work schedule. With that said, however, my commitment to our current work force remains as resolved as ever. Staff is this organizations most important resource, and it will continue to find ways of recognizing them as such. This Budget includes a comprehensive Capital Improvement Program (CIP) project list that details current and future capital needs over the next five years. The CIP also includes estimated funding sources; however, available or anticipated funding sources may not be sufficient to meet all the needs identified therein. Our goal is to focus on those projects which will yield the greatest return on investment or that are in the most urgent need of attention. Grant funding is something where we will spend more time in identifying and procuring. New docks at Library Park are a primary concern for the Council and staff this upcoming year. As we search for funding sources to help move this project forward, I am recommending appropriating $100,000 from the general fund reserve and $100,000 from unspent former redevelopment bond proceeds toward capitalizing the total project cost, which we estimate to be approximately $800,000. As this project is not an ongoing expense, use of the general fund reserve is an appropriate resource. Water and sewer infrastructure improvements and maintenance have been deferred for too long. This budget focuses more resources on addressing our most critical utility needs. In addition to the projects funded by the USDA , other projects to be completed on the CPI list include vehicle and equipment replacements. These projects, along with ongoing maintenance, move the City into a reliable and sustainable future for basic service needs.
The 2013-14 fiscal year budget includes an additional police officer, bringing the total sworn, full-time officer count to ten. Before the economic down-turn, the City of Lakeport Police Department operated with 14 full-time sworn officers. During the past two years, those numbers had declined, as vacant positions went unfilled while we restructured the general fund. The Citys police department operated with fewer than nine full-time and two part time sworn officers. To the credit of Chief Rasmussen and his officers, the City was able to maintain a reasonable level of public safety, but with little to no capacity for the unexpected. The Department was stretched thin, and I am pleased to report that this years budget alleviates the burden theyve had to bear, although not entirely. The addition of the tenth officer will allow the City to continue ensuring the safety of its citizenry while retaining the resource officer program for the Lakeport Unified School District. Since the recommended budget presentation on June 4, 2013, staff requested additional appropriations in the following amounts.
Additional Appropriations Department Administration Funds 110 501 601 110 110 501 601 601 Category Salaries and Benefits Salaries and Benefits Salaries and Benefits Operations Capital Outlay Capital Outlay Capital Outlay Capital Outlay 2,720 2,040 2,040 Subtotal 1,200 1,200 1,200 Total
3,600 1,000
CDD: Building Engineering & IT
6,800 4,000 15,400
Publiic Works: Sewer O&M Total Additional Appropriations
In total, I am recommending a City-wide spending plan of $16,738,415 in appropriations. Financial Position During the past three years I have been with the City of Lakeport, 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 reserve to begin the 2013-14 fiscal year at 54% of budgeted appropriations. The Management Team has been dedicated to cost savings whenever possible and watchful of their expenditures so that the need of use of reserves is limited, if necessary at all. I am proposing a balanced general fund for fiscal year 2013-14 with a recommended use of an estimated surplus from fiscal year 2012-13 of $200,000. I believe the current reserve is adequate to ensure financial stability and do not recommend adding to it. Beyond use of the surplus, I am not recommending using any additional use of the reserves. As was forecast in the utility rate study, the water operating fund will continue to budget in a deficit for one more year. With additional revenues from the rate restructuring, I expect water enterprise operations to balance in fiscal year 2014-15. 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. The expected surplus in the sewer operating fund will be devoted to building up the reserve and engaging in much need capital improvements beyond those funded by the USDA. All other activities within special revenue funds are funded by outside sources, such as grants and program income. Approximately $21,000 of general revenues is being devoted to specific special revenue activity as a match for certain capital projects.
Preparing the Path toward the Future The path forward will continue to be a challenging one. To navigate it successfully and position the City to face the obstacles ahead, I will rely on the dedication of staff and the leadership and policy direction of the City Council. The role of Council as a policy making body will continue to be crucial in this endeavor. And the success of this financial plan is contingent on Councils commitment to keeping focus on the needs of and vision for the community. This budget reflects our values and priorities, which help determine where we invest our resources. Its the compass by which we navigate the Citys fiscal path forward, addressing our liability and allocating resources to ensure long-term economic sustainability. An important part of the Citys fiscal success during these challenging times has been our ability to implement various parts of a plan to reduce the structural deficit. To continue to be successful, we must keep our focus on maintaining balance in our general fund. While the local, state, and national economy continue to regain strength, we must present a budget reflective of the necessary adaptation to what I continue to refer to as the new normal. We are not heading back to the pre-recession times of the early and mid-2000s; rather we are blazing a new path where innovative thinking must guide our use of what little resources we have. To achieve fiscal stability, the budget process must remain a continuous one - it doesnt end at adoption. The Management Team and I will continue to review it vigilantly and make recommendations to Council for adjustment when needed. We also will bring this budget to the Councils attention comprehensively in late January/early February for a mid-year review. The City is fortunate to have a highly qualified and capable professional staff. They are its most important asset, without which effective and responsive service delivery to the community would not be possible. Promoting and empowering staff and demonstrating appreciation for their efforts has been a priority for me as the City Manager, and I continue to reaffirm my commitment to it. This budget maintains the best possible amount of personnel needed with the projected resources available to provide services to the community and achieve the goals that Council and staff have identified. But it is achievable only if each individual performs at their best. I am confident that they will. I must, once again, show great appreciation for the level of collaboration and effort that goes into crafting this budget. Primary responsibility for ensuring this document gets compiled and presented on time rests with our Finance Director, Dan Buffalo. He is supported by a top notch staff of department heads and midmanagers whose efforts help to ensure we have a strong, transparent, and accountable fiscal structure. Additional recognition needs to be provided to the City Council and its approach to the budget. Keeping focus on the big picture and on the critical process of communicating the needs to staff of the Lakeport community ensures the success of our efforts. Finally, I applaud all the staff who too often go unrecognized for their help in preparing each departments budget. I thank them all for their dedication to sound fiscal management. Appropriations (Gann) Limit Both the California per capita personal income price factor and the population percentage change factors are provided to local jurisdictions each year by the State Department of Finance. Population percentage change factors estimate change in the county's population between January of the previous fiscal year (20112012) and January of the most recent fiscal year (2012-2013). For purposes of this year's calculation, staff used the annual change in the county population (0.02% increase) and the change in California per capita income of 5.12%. The resultant rate multiplied by the previous appropriation limit equals the new appropriation limit. The limit for last fiscal year (2012-2013) was $9,828,423. This year's limit was calculated to be $10,352,302, well above the budgeted revenue estimates in fiscal year 2013-2014 of $3,427,879. In other words, the City
proposes appropriating only 33.11% of the total limit it could appropriate, if revenues were available. The methodology used to calculate the limit is presented in the 2013-2014 budget document immediately following the Gann Limit Resolution. It is also presented below for quick reference.
Gann Limit Calculation FY 2013-2014 Per Capita Cost of Living Change = Population Change (County) = Per Capita Cost of Living converted to a ratio: Population converted to a ratio: Calculation of factor for FY 2013-2014: Appropriations Limit, Fiscal Year 2012-2013 Appropriations Limit, Fiscal Year 2013-2014 ($9,828,423 x 1.0533) FY 2013-2014 appropriations subject to Gann Limit Budget Estimates $ 903,500 2,082,002 70,000 176,104 126,273 70,000 $3,427,879 Percentage Use of Appropriations Limit 33.11% 5.12 percent 0.2 percent 5.12 + 100 100 0.20 + 100 100 1.0512 x 1.002 $ $ 9,828,423 10,352,302 = 1.0533 = 1.002 = 1.0512
FISCAL YEAR 2013-2014 Property Taxes Sales Taxes Special Taxes State Subventions Franchise Taxes Business License Taxes
OPTIONS: 1. Adopt the Fiscal Year 2013-2014 Lakeport City Budget by resolution as recommended and presented, approve the appropriations limit of $10,352,302 in fiscal year 2013-2014 for the City of Lakeport, and authorize the mayor to sign the associated resolutions. 3. Request specific changes be made to, or additional time be granted for review of, the presented recommended 2013-2014 budget. 4. Do not adopt but provide direction to staff.
FISCAL IMPACT: None $16,738,415 Account Number:

Page 8 Agenda Item #VII.A.1. Meeting Date: June 18, 2013
SUGGESTED MOTIONS: Adopt the recommended budget for fiscal year 2013-2014 for the City of Lakeport and its blended component units, authorize the City Manager to expend the appropriations found therein, and approve the appropriations limit of $10,352,302 in fiscal year 2013-2014. Attachments: City of Lakeport Adopted Budget for Fiscal Year 2013-2014 (under separate cover) Budget Resolution No. ______ (2013) Gann Limit Resolution No._____(2013)
Page 9
Agenda Item #VII.A.1.
RESOLUTION NO. _____ (2013)

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 2013-2014
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 2013-2014; 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 WHEREAS, the City Clerk caused the legal advertisement to be published seven (7) days prior to the City Council hearing date; 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 for the fiscal year beginning July 1, 2013, and ending June 30, 2014, appropriating the sum of $16,738,415; and THIS RESOLUTION was passed by the City Council of the City of Lakeport at a regular meeting thereof on the 18th day of June, 2013, by the following vote: AYES: NOES: ABSTAINING: ABSENT: _________________________________ THOMAS ENGSTROM, Mayor ATTEST: _______________________________ JANEL CHAPMAN, City Clerk APPROVED AS TO FORM: ________________________________ STEVEN J. BROOKS, City Attorney
RESOLUTION NO. ____ (2013)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKEPORT ESTABLISHING THE FISCAL YEAR 2013-2014 APPROPRIATIONS LIMIT FOR THE CITY OF LAKEPORT
WHEREAS, pursuant to Government Code Section 7910, the City Council must, by resolution, establish its appropriations limit for each fiscal year. NOW, THEREFORE, BE IT RESOLVED THAT the appropriations limit for the City of Lakeport for the 2013-2014 Fiscal Year shall be Ten Million, Three Hundred and Fifty Two Thousand, Three Hundred and Two Dollars ($10,352,302). This resolution was adopted by the City Council of the City of Lakeport at a regular meeting thereof on the 18th day of June, 2013, by the following vote: AYES: NOES: ABSTAINING: ABSENT:
______________________________ THOMAS ENGSTROM, Mayor ATTEST: _____________________________ JANEL M. CHAPMAN, City Clerk
Exhibit A
Gann Limit Calculation FY 2013-2014 Per Capita Cost of Living Change = Population Change (County) = Per Capita Cost of Living converted to a ratio: Population converted to a ratio: Calculation of factor for FY 2013-2014: Appropriations Limit, Fiscal Year 2012-2013 Appropriations Limit, Fiscal Year 2013-2014 ($9,828,423 x 1.0533) FY 2013-2014 appropriations subject to Gann Limit Budget Estimates $ 903,500 2,082,002 70,000 176,104 126,273 70,000 $3,427,879 Percentage Use of Appropriations Limit 33.11% 5.12 percent 0.2 percent 5.12 + 100 100 0.20 + 100 100 1.0512 x 1.002 $ $ 9,828,423 10,352,302 = 1.0533 = 1.002 = 1.0512
FISCAL YEAR 2013-2014 Property Taxes Sales Taxes Special Taxes State Subventions Franchise Taxes Business License Taxes
Resolution ______ (2013)
CITY OF LAKEPORT
STAFF REPORT
RE: Request for Zumba Classes at Library Park SUBMITTED BY: Margaret Silveira, City Manager PURPOSE OF REPORT: Information only Discussion Action Item MEETING DATE: 6/18/2013
WHAT IS BEING ASKED OF THE CITY COUNCIL/BOARD: Consider request to allow Zumba classes at Library Park gazebo. BACKGROUND: At the June 4, 2013 Council Meeting Melissa Mayberry approached City Council for authorization to teach Zumba classes at Library Park. Council directed staff to bring this item back to a future Council meeting for discussion. DISCUSSION: The City of Lakeport's Ordinance 712. (91) Section 9.08.030 Commercial Activites Prohibited: "All commercial sales, display, advertising, and/or solicitation or other similar activities are prohibited in all City parklands unless such activity has received prior City Council approval. Ms. Maberry's Zumba class has amplified music that can be heard throughout Library Park, as well as at residences and businesses in the area. If Council were to allow this commercial activity in the park, restrictions would have to be placed on the activity to meet the provisions of the City's Nuisance Ordinance Chapter 8.20 Section 8.20.030. Noise OPTIONS: Allow Ms. Maberry to continue Zumba classes in the Gazebo at the $15 fee per night for Gazebo reservation and use. Deny use of Library Park or gazebo for Zumba classes Provide staff direction for amendment to ordinance FISCAL IMPACT: None $ Account Number: Comments: SUGGESTED MOTIONS: 1. Move to allow Ms. Maberry to continue Zumba classes in the Gazebo at the $15.00 fee per night for Gazebo reservation and use; or 2. Move to deny use of Library Park or the Gazebo for Zumba classes; or 3. Provide staff direction for amendment to Ordinance Attachments:
CITY OF LAKEPORT
STAFF REPORT
RE: Introduction of an Ordinance to revise regulations pertaining to Mobile Catering Businesses (Lakeport Municipal Code Ch. 5.20) and Consideration of Accompanying Fee Resolution SUBMITTED BY: Andrew Britton, Planning Services Manager PURPOSE OF REPORT: Information only Discussion Action Item MEETING DATE: 06/18/2013
WHAT IS BEING ASKED OF THE CITY COUNCIL: The City Council is asked to: 1.) Introduce the proposed Ordinance, which will amend Chapter 5.20 of the Citys Municipal Code (Mobile Catering Businesses); 2.) Set a public hearing date for second reading and adoption of the Ordinance; and 3.) Consider a Fee Resolution for a Mobile Catering Time Limit Waiver Application. BACKGROUND: In February 2013 the City Council considered a report and recommendations from the ad hoc Mobile Catering Ordinance Review Committee. A copy of the February 5, 2013 staff report is attached for your review (Exhibit 1). At that time the City Council voted to accept the committees recommendations and directed staff to prepare an ordinance to amend Municipal Code Chapter 5.20 to incorporate the recommendations. Staff was also directed to establish details regarding the application process for a mobile catering business seeking a waiver of the time limit at one location set forth in the revised regulations. Staff has prepared a draft ordinance which incorporates the recommended changes as directed by the City Council. The draft is attached for your consideration (Exhibit 2). One of the Mobile Catering Ordinance Review Committees recommendations addressed the issue of signage for mobile catering businesses and staff believes that additional performance standards for mobile catering businesses should be considered by the City Council. The draft ordinance includes several performance standards (Municipal Code Section 5.20.045):
A. All mobile business units used in conjunction with mobile catering activities shall be maintained in
good working condition and, if required, shall be legally registered with the California Department of Motor Vehicles. Portable or freestanding signs are prohibited.
B. All signs associated with a mobile catering business shall be affixed to the mobile business unit. C. Equipment, supplies and materials associated with a mobile catering business shall be stored on or
within the mobile business unit. No ancillary equipment, supplies or materials shall be displayed in the immediate vicinity of the mobile business unit.
Page 1
Agenda Item #VII.B.1.
D. No furniture associated with the operation of a mobile catering business shall be located within the
public right-of-way.
The draft ordinance also sets forth the application process and related criteria for a waiver of the standard time limit for mobile caterers in a single location (Municipal Code Section 5.20.040 A. 1.): 1. Mobile caterers may submit an application for consideration by the City Council for an increase in the two hour limit in one location. Applications for a time limit waiver shall use the prescribed form and be filed with the City Clerk, accompanied by the fee set by resolution of the Lakeport City Council. a. Applications for a time limit waiver shall be for a specific location and must include specific details regarding the timeframe (business days and hours) of the waiver request. b. The City Councils decision shall be discretionary and approval of a time waiver request shall be based on the applicants conformance with each of the following criteria and findings. The submitted time waiver application shall address each of the following with specific details pertinent to the applicants mobile catering business: i. There are special circumstances applicable to the applicants mobile catering business which create an unusual hardship in terms of the ability to comply with the standard two hour time limit. The approval of the time limit waiver will not be detrimental to the public health, safety or welfare or injurious to the property where the mobile catering activities take place or to other properties or businesses in the vicinity. An extended-hours mobile catering business activity shall be located a minimum of 120 feet from the building corner or property line of the nearest permanent restaurant, whichever is closer.
ii.
iii.
c. The burden of proof to establish the evidence in support of the criteria and findings set forth above shall be the sole responsibility of the applicant. As stated in the preamble section of the draft ordinance, the City has established regulations for mobile catering businesses to ensure that this type of business activity is transient and that the mobile units move from place to place and that they not be allowed to operate in a permanent location. Furthermore, the regulations are intended to help protect site built permanent restaurants which have invested heavily in their buildings, fixtures and infrastructure and to reduce the potential for an unfair business advantage on the part of the mobile catering units over site built restaurants. For these reasons, staff believes it is appropriate to require an applicant for a time limit waiver to demonstrate there are special or unique circumstances that impact the applicants ability to comply with the standard two-hour time limit. The draft ordinance also references a fee requirement for a time limit waiver application. Staff has prepared a draft fee resolution for the Councils review (Exhibit 3). As described in the draft resolution, processing this type of application and bringing it to the City Council for consideration will require several hours of cumulative staff time. According to an analysis prepared by the Finance Director (Exhibit 4), the estimated cost to the City will total approximately $206. This estimate was based on the current personnel charge-out rates. The draft fee resolution suggests an application fee of $200.00 to adequately cover the Citys costs. DISCUSSION: This proposed ordinance incorporates the recommendations of the ad hoc Mobile Catering Ordinance Review Committee as directed by the City Council. Staff believes that the proposed ordinance achieves the goals of Committee by increasing the location time limit from one hour to two hours and providing a process and criteria for consideration of a waiver from the standard time limit.
Page 2
The draft ordinance also includes specific performance standards which will apply to all mobile catering business operating in Lakeport and are intended to ensure that mobile catering businesses are aesthetically appropriate; that they retain their mobile characteristics; and that the operation of a mobile catering business will not be detrimental to the health, safety or general welfare of the City, its residents and/or visitors. OPTIONS: 1. Introduce the proposed Ordinance and set a public hearing date for its second reading and adoption. 2. Propose revisions to the draft Ordinance and request that it be returned to the City Council for further discussion. 3. Accept or propose revisions to the fee resolution for a mobile catering time limit waiver application. FISCAL IMPACT: None $ Account Number: Comments: No significant fiscal impacts are anticipated as a result of the proposed modifications to the Municipal Code. Typical expenses related to the public hearing notice, ordinance publication and codification will be incurred. The suggested fee for a mobile catering time limit waiver application is based on the estimated cumulative staff time required to process the application and is intended to cover the Citys processing costs. SUGGESTED MOTIONS: Move that the City Council introduce the proposed Ordinance amending Title 5, Chapter 5.20 of the Lakeport Municipal Code related to the modification of regulations for mobile catering businesses and set a public hearing and second reading for July 2, 2013, at 6:00 p.m. Further move that the accompanying fee resolution be finalized and presented for approval at the July 2, 2013 City Council meeting. Attachments:
Exhibit 1: City Council Staff Report (February 5, 2013) Exhibit 2: Proposed Ordinance Exhibit 3: Proposed Fee Resolution Exhibit 4: Application Fee Cost Analysis
Page 3
Exhibit 1
CITY OF LAKEPORT
STAFF REPORT
RE: Report and Recommendations From the Mobile Catering Ordinance Review Committee SUBMITTED BY: Andrew Britton, Planning Services Manager PURPOSE OF REPORT: Information only Discussion Action Item MEETING DATE: 2-5-13
WHAT IS BEING ASKED OF THE CITY COUNCIL/BOARD: Consideration of the report and recommendations of the ad hoc Mobile Catering Ordinance Review Committee. BACKGROUND: The issue of modifying the Citys existing Mobile Catering regulations (Municipal Code Chapter 5.20) was first considered by the City Council in August 2012. Please see Attachment #1 for the original Staff Report and related background information. At that time direction was given to create an ad hoc committee consisting of staff, two City Council members and other interested parties to explore various options. The ad hoc Mobile Catering Ordinance Review Committee consisting of Bob Rumfelt, Melissa Fulton, Richard Persons, Suzanne Lyons and Richard Knoll met on September 6, 2012 at 10:00 am and considered the following agenda: 1. Make no changes and continue to enforce the existing ordinance. 2. Require a more intensive application and review process for mobile vendors including the requirement for a public hearing before issuing a permit. 3. Consider a revision to the current City Ordinance and require more mobile vendor operational criteria dealing with, but not limited to the following: Public Property Bans. Ban vending on public property, such as on streets and sidewalks. Vendors subject to such bans must contract with private property owners to vend on their property and obtain a land use entitlement. Restricted Zones. Restrict the areas in which food trucks may operate. Restricted zones often include potentially lucrative areas, such as downtown commercial districts. Proximity Bans. Limit how close street vendors can park to certain types of businesses, typically brick-and-mortar restaurants. Proximity bans address the complaints of certain businesses who do not wish to have food trucks park near their place of business. Stop-and-Wait Restrictions (Ice Cream Truck Rules). Make it illegal for food trucks to stop and park in order to wait for customers. Instead, food trucks must be flagged down by a customer before they can park and serve the customer. Stop-and-wait restrictions make it difficult for food trucks to establish regular stops and develop relationships with customers. Duration Restrictions. Limit the amount of time mobile vendors can remain in one spot. For instance, in Chicago, a food truck may not sell food for more than two hours on any one block.
Meeting Date: February 5, 2013 Page 1 Agenda Item #
4. Consider other mobile vendor regulations such as a limit on the total number of mobile vendors that can operate in the City, provide for an annual discretionary review and approval process, and/or consider requiring each vendor to have a GPS tracking device in order to assure compliance with location/duration standard. DISCUSSION: The Committee had no desire to ban mobile vending on public property or establish restricted zones. The Committee does recommend a proximity ban, a restriction on food vendors setting up/parking on the street in front of or adjacent to restaurants and recommended that there be a required separation of at least two parallel parking spaces or sixty feet from the food service/restaurant building corners and/or from food service/restaurant property corners. There was no interest in recommending stop and wait restrictions. The Committee does recommend an increase in duration restrictions and felt that the timeframe should be increased to be consistent with the existing parking restrictions of (2) two hours and to require that mobile vendors be required to maintain a written location/duration log for enforcement purposes that can be spot checked by City enforcement staff if necessary. The Committee staff report and recommendation was provided to the City Council on November 6, 2012. See Attachment #2 for the related Staff Report. However, a request for reconsideration was granted, consideration was postponed and the committee was asked to meet again to consider some input from the Main Street hot dog vendor. The Committee met again on November 17, 2012 and after additional discussion and consideration of the issues including a request from the local hot dog vendor for a longer time frame, recommended the following: 1. An increase in the basic mobile vendor set up parking time limit from 1 hour to a 2 hour time limit with the requirement to maintain a daily location/duration log for enforcement purposes. 2. Institution of a time waiver (increase) application procedure and a processing fee to cover the staff time and cost associated with processing an application. An application for an increased timeframe allowance would be required to be considered by the City Council. The time waiver request would apply to a specific location only and would need to include a specific defined timeframe. Decision by the Council will be discretionary and should be based on conformance with yet to be determined criteria and findings. 3. Application of the previously recommended mobile vendor parking (set up area) restrictions adjacent to or near "brick and mortar" restaurants. The restrictions would require a parking set back distance of two parallel parking spaces or sixty feet from restaurant building corners or from restaurant property lot corners. 4. All signage for mobile vendors shall conform to sign ordinance. It should be noted that the Lakeport Main Street Associations Board of Directors recently reviewed the proposed changes to the mobile catering regulations and voted to support the ad hoc Committees recommendations. OPTIONS: 1. Reject the Committee recommendations and take no action. 2. Accept the Committee recommendations and direct staff to develop additional criteria related to the processing fee and appropriate findings for a time waiver application and prepare an ordinance amendment incorporating the same for City Council consideration and action. FISCAL IMPACT: None $ Account Number:
Page 2
Comments:
Agenda Item #
Meeting Date: February 5, 2013
SUGGESTED MOTIONS: Motion to accept the ad hoc Mobile Vending Committee recommendations as set forth in the February 5, 2013 City Council staff report. Direct staff to prepare an amendment to Municipal Code Chapter 5.20 and incorporate the recommended changes and details regarding the time waiver application for consideration by the City Council at a later date.
Attachments:
1. 8-21-12 City Council Staff Report & Background Information 2. 11-16-12 City Council Staff Report 3. Ad Hoc Mobile Catering Committee notes 9-6-12
Meeting Date: February 5, 2013
Page 3
Agenda Item #
Exhibit 2
ORDINANCE NO. ____ (2013) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKEPORT REVISING THE LAKEPORT MUNICIPAL CODE TO AMEND CHAPTER 5.20 REGULATING MOBILE CATERING BUSINESSES IN THE CITY OF LAKEPORT
WHEREAS, the City of Lakeport has enacted and enforced regulations limiting the stopping for business time for mobile catering units and mobile vendors since 1958; and WHEREAS, the mobile catering regulations are designed to ensure that this type of business activity is transient and that the mobile units move from place to place and that they not be allowed to operate in a permanent location; and WHEREAS, the mobile catering regulations protect the public health, safety and welfare of the community and in particular site built permanent restaurants which have invested heavily in their buildings, fixtures and infrastructure; and WHEREAS, the mobile catering regulations are designed to reduce the potential for an unfair business advantage on the part of the mobile catering units over site built restaurants; and WHEREAS, in 2012 the City Council requested background information as to how other communities regulate mobile food vendor operations and subsequently directed the formation of a committee consisting of staff, two City Council members and other interested parties to explore various changes to the existing mobile catering regulations; and WHEREAS, the Mobile Vending Committee met in September and November 2012 and developed several recommendations for consideration by the City Council; and WHEREAS, the Committees recommendations were presented to the City Council on February 5, 2013; and WHEREAS, the City Council voted to accept the Committee recommendations as presented and directed staff to prepare an amendment to the mobile catering regulations (Chapter 5.20 of the Lakeport Municipal Code). NOW, THEREFORE, BE IT ORDAINED AS FOLLOWS:
Ordinance No. ___ (2013)
Page 2
Section 1. 1. Section 5.20.040 (Location Restrictions) of the Lakeport Municipal Code shall be amended as follows: A. Mobile caterers shall not stop for business for more than one hour two hours in any one location. Mobile caterers shall maintain a daily location/duration log which shall be available for review by City staff to verify compliance. 1. Mobile caterers may submit an application for consideration by the City Council for an increase in the two hour limit in one location. Applications for a time limit waiver shall use the prescribed form and be filed with the City Clerk, accompanied by the fee set by resolution of the Lakeport city council. a. Applications for a time limit waiver shall be for a specific location and must include specific details regarding the timeframe (business days and hours) of the waiver request. b. The city councils decision shall be discretionary and approval of a time waiver request shall be based on the applicants conformance with each of the following criteria and findings. The submitted time waiver application shall address each of the following with specific details pertinent to the applicants mobile catering business: i. There are special circumstances applicable to the applicants mobile catering business which create an unusual hardship in terms of the ability to comply with the standard two hour time limit. The approval of the time limit waiver will not be detrimental to the public health, safety or welfare or injurious to the property where the mobile catering activities take place or to other properties or businesses in the vicinity. An extended-hours mobile catering business activity shall be located a minimum of 120 feet from the building corner or property line of the nearest permanent restaurant, whichever is closer.
ii.
iii.
c. The burden of proof to establish the evidence in support of the criteria and findings set forth above shall be the sole responsibility of the applicant. D. Mobile caterers subject to the two hour time limit shall be located a minimum of sixty feet from the building corner or property line of the nearest permanent restaurant, whichever is closer. 2. Section 5.20.045 (Performance Standards) shall be added to the Lakeport Municipal Code as follows: Section 5.20.045 Performance Standards A. All mobile business units used in conjunction with mobile catering activities shall be maintained in good working condition and, if required, shall be legally registered with the California Department of Motor Vehicles. B. All signs associated with a mobile catering business shall be affixed to the mobile business unit. Portable or freestanding signs are prohibited.
Page 3
C. Equipment, supplies and materials associated with a mobile catering business shall be stored on or within the mobile business unit. No ancillary equipment, supplies or materials shall be displayed in the immediate vicinity of the mobile business unit. D. No furniture associated with the operation of a mobile catering business shall be located within the public right-of-way. Section 2. CEQA. The City Council has determined that this Ordinance is exempt from the requirement to prepare environmental documents under the California Environmental Quality Act (CEQA). The City Council finds that the amendment of the mobile catering regulations as presented herein is exempt per Section 15061(b)(3) of the CEQA Guidelines due to the fact there is no potential for causing a significant effect on the environment. None of the exceptions for an exemption set forth in Section 15300.2 of the CEQA Guidelines (including but not limited to Subsection (b), which relates to cumulative impacts and Subsection (c) which relates to unusual circumstances) applies to this Ordinance. Section 3. Severability.
If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this and each section, subsection, phrase, or clause thereof irrespective of the fact that any one or more sections, subsections, phrases, or clauses be declared unconstitutional on their face or as applied. Section 4. Effective Date.
This ordinance shall become effective 30 days after the date of adoption. Section 5. Posting/Advertising.
The City Clerk shall cause this ordinance to be published and/or posted within fifteen days after its adoption. * * * * * * * * * * *
This ordinance was introduced before the City Council of the City of Lakeport at a regular meeting thereof on the 18th day of June, 2013, by the following vote: AYES: NOES: ABSENT: ABSTAINING: This Ordinance was duly enacted by the City Council of the City of Lakeport at a regular meeting thereof on the ___ day of ________, 2013, by the following vote: AYES: NOES: ABSENT:
Page 4
ABSTAINING:
_________________________________ THOMAS ENGSTROM , Mayor ATTEST: _____________________________ KELLY BUENDIA, Deputy City Clerk APPROVED AS TO FORM: _________________________________ STEVEN J. BROOKES, City Attorney
RESOLUTION NO. _____ (2013)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKEPORT APPROVING AND ADOPTING A FEE FOR THE PROCESSING OF AN APPLICATION FOR A TIME LIMIT WAIVER FOR MOBILE CATERING BUSINESSES
WHEREAS, the City of Lakeport (City) has adopted regulations (Chapter 5.20 Lakeport Municipal Code) regarding the operation of mobile catering businesses in the City; and WHEREAS, the Lakeport City Council has revised the mobile catering regulations per Ordinance No.____ to allow the submittal of an application for a mobile catering time limit waiver to be considered by the City Council; and WHEREAS, the revised regulations indicate an application for a time limit waiver shall be accompanied by a fee set by Resolution of the Lakeport City Council; and WHEREAS, the cost of processing and considering an application for a time limit waiver requires an application fee be charged; and WHEREAS, a time limit waiver application will require at least three hours of cumulative staff time plus related administrative expenses for intake, distribution, review and preparation of written report for consideration by the City Council; and WHEREAS the application fee for processing and considering the application shall not exceed the aforementioned estimated cost of performing these services; and BE IT RESOLVED by the City Council of the City of Lakeport that an application fee of $200.00 for a mobile catering time limit waiver request be charged. The foregoing Resolution was passed and adopted at a regular meeting of the City Council on the ____ day of July, 2013, by the following vote:
AYES: NOES: ABSENT: ABSTAINING:
_________________________________ THOMAS ENGSTROM , Mayor ATTEST: _____________________________ KELLY BUENDIA, Deputy City Clerk APPROVED AS TO FORM: _________________________________ STEVEN J. BROOKES, City Attorney
Productive Hourly Rate Calculation Step 1: Determine annual cost of employee Position City Clerk $ 48,840 Planning Manager $ 70,692
Exhibit 4
Office Specialist $ 33,987
Direct Salary Benefits: Blue Cross or OE Vision Delta Dental Life LTD EAP Pers ER (Misc) PERS ER (Safety) Pers 1959 Cell Phone Allowance Auto Allowance Admin Cash-out Deferred Comp Social Security ER Medicare ER Bilingual 2.5% Bilingual Medicare Bilingual Pers Total Step 2: Determine available working hours of employee Total Available Productive Hours Less: Holiday Vacation Comp Time/Admin Leave Furlough Sick Leave Travel and Training Total
5,544 192 696 101 190 56 11,014 24 720 1,847 735 $ 21,119
11,628 192 1,164 146 274 56 15,942 24 720 1,359 1,025 32,532
16,608 192 1,740 62 116 56 1,869 24 433 21,100
2,080 104 40 40 (48) 40 1,904
2,080 104 40 40 (48) 40 1,904
2,080 104 40 (48) 40 1,944
Step 3: Calculate productive hourly rate of employee Total Annual Cost Available working hours Hourly rate/productive working hour 69,959 1,904 $ 36.74 $ 103,224 1,904 54.21 $ 55,087 1,944 28.34
Function/Process: Mobile Catering Time Limit Waiver Application Activity Hours: Application intake/fee collection 0.25 $ Application review 0.5 Distribute application for comment 0.5 18.37 Staff report to City Council 2.5 City Council agenda, distribution, etc. 0.5 18.37 Total Hours: 4.25 36.74
27.11 135.54 162.64
7.08 7.08 206.47
Total Process Cost:
CITY OF LAKEPORT
STAFF REPORT
RE: Computer Server Upgrade SUBMITTED BY: Chief Brad Rasmussen PURPOSE OF REPORT: Information only Discussion Action Item MEETING DATE: 6/18/2013
WHAT IS BEING ASKED OF THE CITY COUNCIL/BOARD: The City Council is being asked to consider authorizing a contract between the City of Lakeport and the County of Lake for a Police Department server upgrade. The contract would be managed by the Lake County Information Technology Department and would serve the police department's computer server needs. BACKGROUND: The Lakeport Police Department is currently utilizing a 2007 Systemax server consisting of a single 1.33 GHz single-core Intel Pentium III CPU, 2Gb of DDR RAM memory, 500Gb of live storage and 2Tb of backup storage. The server is housed in an unsecure, climatically uncontrolled bathroom on-site. The fluctuation of the climate in its current location is significant to the point that the server shuts down randomly during summer months as a safeguard. The back-up routine is significantly lacking and consists of the following: the Records Management (RiMS) Database backs-up daily to a separate hard drive residing within the server tower; a complete system image is collected weekly on a 2Tb removable drive that is stored off-site. Due to the current CPU configuration, the daily and weekly back-ups noticeably impacts the uptime/runtime of all network traffic and server applications, especially RiMS, translating into an impact on both productivity and reliability of data entry. As a result of the issues outlined above, Officers are finding it difficult to complete reports in a timely matter because the system is delayed during "back up" times for up to 2 hours. In addition to slow "back up" times, the Officers are finding that the computers sporadically stop working altogether thus creating overtime issues as the Officers can't get their reports done by the end of watch. DISCUSSION: The current server is no longer capable of keeping up with the everyday demands of high volumes of information, and there is concern that future overloading may cause a complete crash of the system thus causing a loss of vital information and a very expensive replacement. The Police Department Computer server is in need of upgrades to protect information and maintain operations. We have researched various options and can go with any of them if needed, however police management believes the best current option is to contract with County IT. We currently have a service agreement with County IT. We do have the funding available in the current 12/13 budget but need City Council approval for the County IT option. The Lake County Board of Supervisors also still needs to review the proposed contract. We are attempting to get everything paid for out of the current budget since funding is available. However at this time is not currently known if all of the work can be completed before the 2013/2014 Fiscal Year, in which case we would need to ask for a budget adjustment after leaving the current funding unspent.
Meeting Date: June 18, 2013 Page 1 Agenda Item #VII.C.1.
The City Attorney and Police Management have reviewed the proposed County IT contract and believe the City's interests and the police department information is protected. OPTIONS: There are a variety of different options regarding the upgrade to the server. Attached below are three separate options which were researched and evaluated based on efficiency and expense which would work for the department however, option three is highly preferred, as it permanently moves the server from within the unsecured, uncontrolled environment, to a controlled environment at IT where it can be monitored by more experienced computer/server experts. Options one and two, although less expensive, require the server to remain at the police dept in an uncontrolled environment where it is subject to current issues of functionality as it currently is. FISCAL IMPACT: None $5,412.00 Account Number: Fund 207 Prop 172 Public Safety Tax110.2010.930.000 Comments: Listed cost is set up cost and initial year service. Additional cost of $1827.00 per year for the two year contract term after which the contract could be renegotiated. SUGGESTED MOTIONS: Move to authorize the City of Lakeport to Contract with the County of Lake for the Lake County Information Technology Department to provide a computer network server services for the Lakeport Police Department and authorize the Mayor to sign. Attachments: 1. Current Police service agreement with County IT 2. Scope of work proposal for police server contract 3. Network Server Replacement-Review and Recommendations by Police Staff
Page 2
Agenda Item #VII.C.1.
Attachment #3
Network Server Replacement-Review and Recommendations by Police Staff This proposal should start with some background information. The Lakeport Police Department is currently utilizing a 2007 Systemax server consisting of a single 1.33 GHz single-core Intel Pentium III CPU, 2Gb of DDR RAM memory, 500Gb of live storage and 2Tb of backup storage. The server is housed in an unsecure, climatically uncontrolled bathroom on-site. The fluctuation of the climate in its current location is significant to the point that the server shuts down randomly during summer months as a safeguard. The back-up routine is significantly lacking and consists of the following: the Records Management (RiMS) Database backs-up daily to a separate hard drive residing within the server tower; a complete system image is collected weekly on a 2Tb removable drive that it stored off-site. Due to the current CPU configuration, the daily and weekly back-ups noticeable impacts the uptime/runtime of all network traffic and server applications, especially RiMS, translating into an impact on both productivity and reliability of data entry. Department IT workload and maintenance is both outsourced via contract to Lake County IT in significant matters, and performed by uncertified police staff in more routine matters. To address the server needs, and potentially the IT needs, of the department, I have thee project suggestions. The first suggestion would address and satisfy the current server needs for approximately 3-4 years, most specifically because the hardware would be outdated in that amount of time. This time could be less or more depending on the actual effects of an uncontrolled climate on more demanding quad-core CPU technologies. The cost of this option would be a one-time cost of $4684. This would provide a CybertronPC Caliber Tower server utilizing a single 3.10GHz Intel i5 quad-core CPU, 16Gb DDR3 RAM memory, 500Gb of live storage and three 500Gb removable drives for alternating day back-up routines with off-site storage. Back-up routines will still have an impact on data transfer and application traffic. Transfer rates during non-back-up times would remain at the current level of 100 to 1000 MB/s, depending on workstation capabilities. The server would remain housed in its current unsecure and climatically uncontrolled environment. IT services and maintenance, including initial extensive set-up, excluding Sunridge System work, would remain at its current provisioning. The cost of Sunridge System service during upgrade, primarily limited to the transfer of Database files, $585, is included in the above price. The second suggestion would address and satisfy the current server needs for approximately 4 to 6 years, as the hardware would be outdated in that amount of time. This time could be less or more depending on the actual effects of an uncontrolled climate on more demanding quad-core CPU technologies. The cost of this option would be a one-time cost of $9000. This would provide a Dell Poweredge T410 server utilizing two 2.66GHz Intel Xeon E5640 quad-core CPUs with 16GB of DDR3 RAM memory, 300Gb of live storage and five 300Gb removable drives for virtually daily non-impact and offsite back-up management. Transfer data rate would remain at the current level of 100 to 1000 MB/s, depending on workstation capabilities. The server would remain housed in its current unsecure and climatically uncontrolled environment. IT service and maintenance, including the initial extensive set-up, excluding Sunridge System work, would remain at its current provisioning. The cost of Sunridge System service during the upgrade, primarily limited to the transfer of Database files, $585, is included in above cost. The third suggestion would address and satisfy the current server needs for approximately 8 to 10 years or more, as the hardware would maintain operability due to climate controls and would not be outdated until that time. The cost of this option would be a first year cost of $5412, or a 3 year cost of $9066.The
Attachment #3 cost break-down is such: an initial year cost of $5412, including the cost of Sunridge Systems work; the second year cost of $1827; and the third year cost of $1827. This would provide the department with a server solution hosted in a private cloud environment by Lake County IT consisting of a vmWare ESX server utilizing four 2.9GHz Intel Xeon E5-2690 quad-core CPUs with 4Gb of DDR3 RAM memory, 200Gb of live storage and 1Tb of back-up storage. The back-up routine would be handled by Lake County IT and would be non-impact daily back-up. The server would be housed in a secure and climate controlled environment. IT service related to the maintenance of the server hardware, including initial set-up, would be handled by Lake County IT. The cost of Sunridge System service during the upgrade, primarily limited to the transfer of Database files, $585, is included in the above cost. Of these options, Option 3, private cloud server hosting by Lake County IT, is the optimal option. Not only does this provide for a server that has the most longevity, the higher price tag is mitigated by the location of the server in a secure and climatically controlled environment, a more fault-tolerant and non-impact back-up routine, a better uptime rating, and highly trained and experienced Lake County IT staff would have easier and readier access to the equipment cutting future maintenance costs. Speaking more to the last point, the technology needed to role out a server that can handle the network traffic flow and redundancy (back-up routine) that is needed by the department while minimizing the impact on productivity and reliability, is such that requires a more technologically advanced IT technician to maintain and service it than that currently available to this department. Of these options, Option 2 would be my second option. It must, however, be re-iterated that the impact that housing such a technologically equipped server in a location that is not climatically controlled can not be known or estimated. Quad-core processors, especially more than one, housed in a single tower, operating at that speed, creates a significant amount of heat. Such heat has the real potential to cause serious failure of the server. The current on-site location of the server cannot be relocated without a yet to be determined build-out cost that would likely exceed the cost of Option 2 or 3. The costs indicated in this memo are educated estimates based on known costs of current equipment and previous software costs. In some instances that deal with hourly rates, the total costs cannot be determined as the actually time needed for certain operations cannot be pre-determined. This is in no way intended to serve as a quote of any kind.
CITY OF LAKEPORT
STAFF REPORT
RE: Sewer Consumption Allotment Increase, Commercial SUBMITTED BY: Mark Brannigan, Public Works Director PURPOSE OF REPORT: Information only Discussion Action Item MEETING DATE: 6/18/2013
WHAT IS BEING ASKED OF THE CITY COUNCIL/AGENCY/BOARD: The City Council is being asked to consider an option to increase the sewer allotment from 8 units to 10. BACKGROUND: During the rate setting process the City Council heard from business people who were concerned about the costs of the new rates. Specifically, they were concerned about the increase to their sewer portion of the utility bill where they are charged for usage over 8 units when some of their water usage doesnt go into the sewer. The City Council directed staff to look for ways to address this issue that is fair and equitable. DISCUSSION: Customer classifications are created to represent an average use for that class. The average commercial account with a inch water meter is expected to use approximately 6 units of water each month (4,488 gallons) for domestic use, and is expected to have 8 units (5,984 gallons) of water usage before a sewer consumption rate is applied. The difference between the water base and sewer base of 2 units is viewed as the allowable amount of water that does not enter the sewer. This 2 unit (1,496 gallon) difference can be viewed as water needed for minor landscaping, facility cooling etc. Businesses that have residential style landscaping typically install an irrigation meter, or well, during construction to avoid paying the sewer consumption charge over the 8 units. The factors to consider when evaluating the added cost to install an irrigation meter are: Expansion fee, installation fee, and monthly service and usage rates. When an irrigation meter is being installed during construction the installation fee is minimal because its installed with the domestic service. The issue being evaluated here is how to address current businesses that exceed the 8 units allowed for sewer during the summer months in a fair an equitable way. The typical business that was considered in this report was those established 20 plus years ago when the costs to provide services were less, and those converted from residential to commercial. The original intent of this study was to find ways to encourage commercial customers to install an irrigation meter by reducing the up-front costs of construction and expansion fees. An evaluation of various scenarios has led staff to believe that a justifiable reduction to these costs would not be adequate to encourage these businesses to invest in an irrigation meter. Increasing the commercial sewer consumption allotment of 8 units to 10 would provide the customer class 4 units (2,992 gallons) of water each month above the average domestic use for businesses. Customers who conserve water will still realize a cost savings in their water portion, but the increase in the sewer consumption allotment will allow customers without an irrigation meter to irrigate to a greater extent without paying the sewer consumption charge.
Meeting Date: June 18, 2013 Page 1 Agenda Item #VII.D.1.
OPTIONS: Staff is asking for Council direction in order to bring back a policy for these specific commercial properties. Or Council may choose to decline a new policy. FISCAL IMPACT: None $ Account Number: 601-3070 Comments: An evaluation of the potential loss of revenue to the sewer fund will be conducted if Council provides direction to bring an action item back for a vote. SUGGESTED MOTIONS: Make the motion to direct staff to set in Resolution an increase of commercial sewer consumption of 8 units to 10 for Council consideration and action. Attachments:
Page 2
Agenda Item #VII.D.1.

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AGENDA

REGULAR MEETING OF THE LAKEPORT CITY COUNCIL

PUBLIC PRESENTATIONS/REQUESTS: A. Citizen Input:

Planning Services Manager 1.

City Council Agenda of June 18, 2013

Public Works Director 1.

CITY COUNCIL COMMUNICATIONS: A. Miscellaneous Reports, if any: Adjourn ADJOURNMENT:

_______________________________________ Kelly Buendia, Acting City Clerk

CALL TO ORDER & ROLL CALL:

PLEDGE OF ALLEGIANCE: ACCEPTANCE OF AGENDA: Urgency Items:

PUBLIC HEARING: A. Community Development Block Grant Close Out

CITY COUNCIL COMMUNICATIONS: A. Miscellaneous Reports, if any:

Lakeport City Council Agenda of January 15, 2013

_______________________________________ KELLY BUENDIA, Acting City Clerk

_______________________________________ THOMAS ENGSTROM, Mayor

Meeting Date: June 18, 2013

Agenda Item #IV.D.

Meeting Date: June 18, 2013

Agenda Item #IV.D.

RESOLUTION NO. ________ (2013)

ATTEST: _________________________ JANEL M. CHAPMAN City Clerk City of Lakeport

____________________________ TOM ENGSTROM, MAYOR City of Lakeport

June 18, 2013

Thomas Engstrom, Mayor

Meeting Date: 06/18/2013

Agenda Item VI. A.

Meeting Date: 5/21/2013

Meeting Date: 5/21/2013

Lakeport Ordinance #889 / Medical Marijuana Cultivation

Lakeport Ordinance #889 / Medical Marijuana Cultivation

Lakeport Ordinance #889 / Medical Marijuana Cultivation

Development and Operational Standards: 1.

Lakeport Ordinance #889 / Medical Marijuana Cultivation

Lakeport Ordinance #889 / Medical Marijuana Cultivation

Lakeport Ordinance #889 / Medical Marijuana Cultivation

Lakeport Ordinance #889 / Medical Marijuana Cultivation

$70,00/Solar panel Installation/Inventory

Site visits, interviews Financials, forecasts Draft proposal prep

Postponed improvements until economy improves

Project and Program review, application, forecasts

Job requirement exceeded business capacity

Site visit, loan

Job requirement exceeded business capacity

application, financials Job requirement exceeded business capacity

$250,000/Site improvements Retail Sales

Site visit, interviews, loan application, financial review

Job requirement exceeded business capacity

Site visit, interviews, loan application, forecast, financials

No new job creation

$70,000/Business conversion Beverage Tasting

Site visit, interviews, loan application, forecast, financials

Recreation $250,000/new equipment

Interviews & meetings, review with bank

Site visit, interviews, loan application, forecast, financials

$35,000/Start up cost Site visit, interviews, application, preliminary financial review

Did not cash flow

Meeting Date: June 18, 2013

Agenda Item #VI.B.

Start up Site visit Did not cash flow

Interview, application No completion of documentation

Meeting Date: June 18, 2013

Agenda Item #VI.B.

Grantee Performance Report ECONOMIC DEVELOPMENT Business Assistance & Infrastructure