011916 lakeport city council agenda packet

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     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. CALL TO ORDER & ROLL CALL: 6:00 p.m.

    II. PLEDGE OF ALLEGIANCE:

    III. ACCEPTANCE OF AGENDA: Move to accept agenda as posted, or move to add or delete items.

    Urgency 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.

    IV. CONSENT AGENDA: The following Consent Agenda items are expected to be routine and noncontroversial. They will be acted upon bythe Council at one time without any discussion. Any Council Member may request that any item be removed from

    the Consent Agenda for discussion under the regular Agenda. Removed items will be considered following the

    Consent Calendar portion of this agenda.

    A. Ordinances: Waive reading except by title, of any ordinances under consideration at this

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

    B. Minutes: Approve minutes of the regular City Council meeting of January 5, 2015.

    C. Warrants: Approve the warrant register of January 6, 2016.

    D. Northern California Rural Zero Emission

    Bus Commercial Deployment Project

    Application:

    Approve sending a letter to the California Air Resources Board supporting the

    Northern California Rural Zero Emission Bus Commercial Deployment Project

    Grant Application.

    V. PUBLIC PRESENTATIONS/REQUESTS:

    A. Citizen Input:  Any person may speak for 3 minutes about any subject within the authority of the City Council, provided that thesubject is not already on tonight’s agenda. Persons wishing to address the City Council are required to complete a

    Citizen’s Input form and submit it to the City Clerk prior to the meeting being called to order. While not required,

    l t t d dd f th d NOTE P G t C d §54954 3( ) th Cit C il

    AGENDAREGULAR MEETING OF THE LAKEPORT CITY COUNCIL(ALSO MEETS AS THE CITY OF LAKEPORT MUNICIPAL SEWER DISTRICT, THE LAKEPORT INDUSTRIAL

    DEVELOPMENT AUTHORITY, THE MUNICIPAL FINANCING AGENCY OF LAKEPORT and THE SUCCESOR

    AGENCY TO THE LAKEPORT REDEVELOPMENT AGENCY) Tuesday, January 19, 2016City Council Chambers, 225 Park Street, Lakeport, California 95453 

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    please state your name and address for the record NOTE Per Government Code §54954 3(a) the City Council

    City Council Agenda of January 19, 2016 Page 2

    A. Miscellaneous Reports, if any: 

    IX. ADJOURNMENT: Adjourn

    Materials related to an item on this Agenda submitted to the Council after distribution of the agenda packet are available for public inspection in the City Clerk’s Office at 225

    Park Street, Lakeport, California, during normal business hours. Such documents are also available on the City of Lakeport’s website, www.cityoflakeport.com , subject tostaff’s ability to post the documents before the meeting. 

    The City of Lakeport, in complying with the Americans with Disabilities Act (ADA), requests individuals who require special accommodations to access, attend and/or

    participate in the City meeting due to disability, to please contact the City Clerk’s Office, (707) 263-5615, 72 hours prior to the scheduled meeting to ensure reasonable

    accommodations are provided. 

     _______________________________________Hilary Britton, Acting Deputy City Clerk

    http://www.cityoflakeport.com/http://www.cityoflakeport.com/http://www.cityoflakeport.com/http://www.cityoflakeport.com/

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    I. CALL TO ORDER & ROLL CALL: Mayor Spillman called the regular meeting of the City Council of the City of

    Lakeport to order at 6:00 p.m. with Council Members Kenneth Parlet, Stacey

    Mattina, Martin Scheel, and Mireya Turner present.

    MOMENT OF SILENCE: Mayor Spillman called for a moment of silence in honor of long-time Lakeport

    City Clerk, Janel Chapman.

    II. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by City Manager Silveira

    III. ACCEPTANCE OF AGENDA: A motion was made by Council Member Scheel, seconded by Council Member

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

    Urgency Items: There were no urgency items.

    IV. CONSENT AGENDA: City Attorney Ruderman requested that Item B, the Minutes of the December 15,

    2015 City Council meeting, be pulled for discussion.

    A. Ordinances: Waive reading except by title, of any ordinances under consideration at this

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

    B. Minutes: Approve minutes of the regular City Council meeting of December 15, 2015.

    Vote on Consent Agenda: A motion was made by Council Member Scheel, seconded by Council Member

    Turner, and unanimously carried by voice vote to approve the Consent Agenda

    with the exception of Item B.

    Item B: City Attorney Ruderman advised that the Report out of Closed Session at the

    December 15, 2015 meeting should be amended to read “The Mayor reported

    that the Council voted unanimously to allow for a Tolling Agreement and to

    authorize City Attorney Ruderman to sign and present the agreement to VerizonWireless. The term of the agreement will be for six (6) months ending July 5,

    2016.”

    MINUTESREGULAR MEETING OF THE LAKEPORT CITY COUNCIL

    (ALSO MEETS AS THE CITY OF LAKEPORT MUNICIPAL SEWER DISTRICT, THE LAKEPORT INDUSTRIAL DEVELOPMENT AUTHORITY, THE

    MUNICIPAL FINANCING AGENCY OF LAKEPORT and THE SUCCESOR AGENCY TO THE LAKEPORT REDEVELOPMENT AGENCY) 

    Tuesday, January 5, 2016

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    City Council Minutes of January 5, 2016 Page 2

    1. 

    Ordinance Introduction:

    Changes to the Zoning

    Ordinance

    Community Development Director Ingram presented the staff report introducing

    proposed changes to the Zoning Ordinance.

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

    Scheel, and unanimously carried by voice vote to introduce the proposedOrdinance amending Chapter 17 of the Lakeport Municipal Code to improve

    transparency and streamline the processing of land use development permits,

    and set a public hearing for adoption of the ordinance on January 19, 2016.

    2. 

    Ordinance Introduction:

    Zoning Change:

    Community Development Director Ingram presented the staff report for the

    proposed Zone Change Ordinance

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

    Turner, and unanimously carried by voice vote to introduce the Zone Change

    Ordinance for the Lakeport AutoZone project (ZC 14-01); and schedule a publichearing for a second reading of the Zone Change Ordinance and adoption of a

    Mitigated Negative Declaration based on the Environmental Review/Initial Study

    ER 15-02.

    3.  Downtown Improvement

    Project Contract Amendment

    No. 1:

    Community Development Director Ingram presented the staff report in support

    of Contract Amendment No. 1 to the Downtown Improvement Project Phase II

    contract.

    Ron Campos and Nancy Ruzicka expressed their concerns regarding the project’s

    impact on local businesses.

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

    Turner, and unanimously carried by voice vote to authorize the City Manager to

    sign the Contract Amendment No. 1 for the Downtown Improvement Project

    Phase II to include the proposed addition of supplemental design services

    consistent with the City Council’s recommendations.

    C. City Manager

    1. 

    Ordinance Introductions: CityClerk and Finance Director

    City Manager Silveira presented the staff report introducing amendments to theOrdinance regarding the City Clerk position, as well as introducing an Ordinance

    regarding the City Finance Director position.

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    City Council Minutes of January 5, 2016 Page 3

    A. Miscellaneous Reports, if any:  Council Member Parlet had nothing to report.

    Council Member Scheel stated there will be a tour of the Lake County Museum

    on Saturday. The Miss Lake County Pageant takes place Saturday, January 9,

    2016. He also advised that the Lake County Medical Cannabis Seminar will beheld Wednesday, January 13, from 2 to 6 p.m. at Rancho de la Fuente.

    Council Member Mattina had nothing to report.

    Council Member Turner thanked Public Works Director Brannigan for taking her

    on a tour of city facilities including the pool, the roads, the wastewater system

    and water system, stating she learned a lot.

    Mayor Spillman met with Pastor Shannon and Chief Rasmussen regarding the

    Warming Center. Pastor Shannon had requested assistance with security. MayorSpillman will be donating his time two shifts per month to the center. He wished

    everyone a happy New Year.

    City Manager Silveira had nothing to report.

    City Attorney Ruderman had nothing to report.

    Community Development Director Ingram reported that notices have been sent

    out inviting public to a community meeting related to the Downtown

    Improvement project to be held in the Council Chambers January 21, 2016.

    Chief Rasmussen had nothing to report.

    Finance Director Buffalo had nothing to report.

    VIII. ADJOURNMENT: Mayor Spillman adjourned the meeting at 7:27 p.m.

     _______________________________________

    Marc Spillman, Mayor

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    City Council Minutes of January 5, 2016 Page 4

    LAKEPORT CITY COUNCIL EFFECTIVE JANUARY 6, 2015

    LIAISONS TO COMMISSIONS, BOARDS, COMMITTEES

    LIAISONS 2015  2016 

    Lakeport Fire Protection District Council Member Spillman

    Council Member Turner, Alt.

    Council Member Spillman

    Council Member Turner, Alt.

    Lakeport Regional Chamber of Commerce Council Member Turner

    Mayor Scheel, Alt.

    Council Member Turner

    Mayor Scheel, Alt.

    Lakeport Main Street Association Council Member Spillman Council Member Spillman

    APPOINTMENTS 

    2015 

    League of California Cities

    Redwood Empire Division

    Division Business Meeting Voting Delegate

    Mayor Scheel

    Mayor Pro Tem Mattina

    Mayor Scheel

    Mayor Pro Tem Mattina

    League of California CitiesRedwood Empire Division

    Legislative Committee Voting Delegate

    Mayor ScheelMayor Pro Tem Mattina

    Mayor ScheelMayor Pro Tem Mattina

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    Check RegisterLakeport, CA Packet: APPKT00151 - 01-06-16 WARRANTS

    By Check Number

    Vendor Number Vendor Name Payment Amount NumberPayment TypePayment Date Discount Amount

    Bank Code: AP BANK-AP BANK

    00089   A-1 TOWING   01/06/2016 48456115.00Regular 0.00

    00108   ACME RIGGING & SUPPLY COMPANY   01/06/2016 48457352.55Regular 0.00

    2404   ADAMS ASHBY GROUP, LLC.   01/06/2016 484587,630.00Regular 0.00

    2431   AIR COMPRESSOR MAINTENANCE   01/06/2016 484593,272.56Regular 0.00

    00371   ALPHA ANALYTICAL LABORATORIES   01/06/2016 484603,582.00Regular 0.00

    **Void**   01/06/2016 484610.00Regular 0.00

    **Void**   01/06/2016 484620.00Regular 0.00

    00123   AQUA PRODUCTS   01/06/2016 48463658.48Regular 0.00

    00109   ARAMARK UNIFORM SERVICES   01/06/2016 48464106.76Regular 0.00

    2590   AT&T   01/06/2016 48465152.33Regular 0.00

    2351   AT&T   01/06/2016 484663,028.92Regular 0.00

    **Void**   01/06/2016 484670.00Regular 0.00

    0112   BAY AREA BARRICADE SERVICE   01/06/2016 48468247.13Regular 0.00

    2690   CANON SOLUTIONS AMERICA   01/06/2016 4846978.72Regular 0.00

    1217   CARLOS PRADOMEZA   01/06/2016 48470230.00Regular 0.00

    1515   CCAC   01/06/2016 48471225.00Regular 0.00

    00193   COACH CRAFT AUTO BODY REPAIR   01/06/2016 484722,722.43Regular 0.00

    2778   COLANTUANO, HIGHSMITH &   01/06/2016 484737,443.45Regular 0.00

    00130   COUNTY OF LAKE-ANIMAL CONTROL   01/06/2016 48474163.50Regular 0.00

    1095   COUNTY OF LAKE-AUDITOR   01/06/2016 48475250.50Regular 0.00

    00128   COUNTY OF LAKE-PUBLIC WORKS   01/06/2016 484766.00Regular 0.00

    1112   COUNTY OF LAKE-SHERIFF   01/06/2016 4847743,800.00Regular 0.00

    2764   CRAFCO, INC.   01/06/2016 48478629.57Regular 0.00

    3108   CRAWFORD & ASSOCIATES, INC.   01/06/2016 4847966,230.78Regular 0.00

    3163   CRITICAL RESEARCH, INC.   01/06/2016 48480145.00Regular 0.00

    2277   DAN BUFFALO   01/06/2016 4848151.00Regular 0.00

    0331   DEEP VALLEY SECURITY   01/06/2016 4848282.95Regular 0.00

    1127   DEPT OF JUSTICE   01/06/2016 4848335.00Regular 0.00

    2305   DEPT OF PESTICIDE REGULATION   01/06/2016 4848490.00Regular 0.00

    1727   DLT SOLUTIONS INC   01/06/2016 484851,492.83Regular 0.00

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    Check Register Packet: APPKT00151-01-06-16 WARRANTS

    Vendor Number Vendor Name Payment Amount NumberPayment TypePayment Date Discount Amount

    00113   PACE SUPPLY #03391-00   01/06/2016 485101,637.78Regular 0.00

    3065   PAUL R. CURREN   01/06/2016 485116,218.75Regular 0.00

    1053   PEOPLE SERVICES, INC.   01/06/2016 48512165.00Regular 0.00

    1116   PETERSON   01/06/2016 485132.82Regular 0.00

    00217   PG&E VO248104   01/06/2016 4851422,710.78Regular 0.00

    3164   PLAYGROUND COMPANY   01/06/2016 48515605.05Regular 0.00

    00226   R.E.M.I.F.   01/06/2016 4851621,416.15Regular 0.00

    00286   RAINBOW AGRICULTURAL SERVICES   01/06/2016 4851724.08Regular 0.00

    1799   RICH'S OFF-ROAD RECOVERY   01/06/2016 48518503.75Regular 0.00

    1837   ROGER WHEELER LANDSCAPING   01/06/2016 48519225.00Regular 0.00

    2361   RYAN PROCESS, INC.   01/06/2016 4852084.36Regular 0.00

    3066   SAN FRANCISCO CHRONICLE   01/06/2016 485212,000.00Regular 0.00

    2383   SHRED-IT USA LLC   01/06/2016 48522126.61Regular 0.00

    2661   STAPLES CONTRACT & COMMERCIAL   01/06/2016 48523149.44Regular 0.00

    1177   TOM CARLTON   01/06/2016 48524436.49Regular 0.00

    3092   UNION BANK   01/06/2016 485251,937.50Regular 0.00

    2802   UNION BANK, N.A.   01/06/2016 48526397.50Regular 0.00

    1310   USA BLUE BOOK   01/06/2016 48527965.00Regular 0.00

    2109   VERIZON WIRELESS   01/06/2016 48528368.52Regular 0.00

    Regular Checks

    Manual Checks

    Voided Checks

    Discount

    Payment

    CountPayment Type

    Bank Code AP BANK Summary

    Bank Drafts

    EFT's

    70

    0

    3

    0

    0

    0.00

    0.00

    0.00

    0.00

    0.00

    73 0.00

    Payment

    450,499.85

    0.00

    0.00

    0.00

    0.00

    450,499.85

    Payable

    Count

    173

    0

    0

    0

    0

    173

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    Check Register Packet: APPKT00151-01-06-16 WARRANTS

    Fund Name AmountPeriod

    Fund Summary

    998 POOLED CASH 450,499.851/2016450,499.85

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    1/14/2016

    Mary Nichols, Chair

    California Air Resources Board

    1001 I Street

    Sacramento, CA 95814

    RE: Northern California Rural Zero Emission Bus Commercial Deployment Project Application

    Dear Chair Nichols:

    The City of Lakeport is pleased to write in support of the application pending before the Air

    Resources Board’s (ARB) Zero-Emission Truck and Bus Pilot Commercial Deployment Projects

    program submitted by a unique partnership of transit agencies that are seeking to deploy zero

    emission electric buses in communities throughout rural Northern California.

    This project represents a pioneering collaboration of Northern California transit agencies. Rural

    transit agencies provide vital services to their communities, as well as those living in more remote

    areas. However, rural transit agencies face a set of distinctive challenges such as long routes and

    often-formidable operational environments – not to mention budgetary restraints - that can

    complicate the transition to zero emission vehicles.

    If awarded grant funding, this pilot project will provide critical funding to operate a robust pilot of

    zero emission battery-electric buses across a variety of routes and in multiple communities and

    rural areas in Northern California. Anchored by Lake Transit Authority, this collaborative project

    b l i l ll i i k h bili f ll l i

    CITY OF LAKEPORT

    Over 100 years of comm unity

    pride progress and service

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    Comments: 

    SUGGESTED MOTIONS:

    Move to adopt the proposed ordinance adopting Section 2.14 of Title 2 of the Lakeport Municipal Code

    regarding the City Finance Director.

    Move to adopt the proposed ordinance amending Chapter 2.12 of Title 2 of the Lakeport Municipal Code

    regarding the City Clerk.

    Attachments:  1.  Proposed Ordinance adopting Section 2.14 of Title 2 of the Lakeport Municipal

    Code regarding the City Finance Director

    2.  Proposed Ordinance amending Chapter 2.12 of Title 2 of the Lakeport

    Municipal Code regarding the City Clerk

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    Ordinance No. 902 (2016)

    AN ORDINANCE OF THE CITY COUNCIL OF THE

    CITY OF LAKEPORT ADOPTING CHAPTER 2.14 OF TITLE 2 OF THE

    LAKEPORT MUNICIPAL CODE REGARDING THE CITY FINANCE DIRECTOR

    THE CITY COUNCIL OF THE CITY OF LAKEPORT DOES ORDAIN AS FOLLOWS:

    SECTION 1. Adoption of Chapter 2.14 “City Finance Director” 

    Chapter 2.14 “City Finance Director” of Title 2 of the Lakeport Municipal Code is hereby

    adopted to read as follows:

    Chapter 2.14

    CITY FINANCE DIRECTOR

    Sections:2.14.010 Office created.

    2.14.020 Powers and duties.

    2.14.030 Surety bond

    2.14.010 Office created. 

    The finance director of the city shall be appointed by the city manager and serve at the

    pleasure of the city manager. The finance director shall be qualified by training and experience

    to perform the duties of the office.

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    F.  Audit and approve before payment of bills, invoices, payrolls, demands or charges

    against the city and with advice of the city attorney, when necessary, determine the regularity,

    legality and correctness of such claims, demands or charges;

    G.  Prepare and submit to the city council periodically a register of audited demands with

    the finance director’s affidavit attached thereto as provided in the Government Code;

    H.  Submit to the city council periodic statements of all receipts and disbursements in

    sufficient detail to show the exact financial condition of the city;

    I. 

    At of the end of each fiscal year, submit a complete financial statement and report;

    J.  Supervise the keeping of current inventories of all property of the city by all city

    departments, offices and agencies;

    K.  Perform all the financial and accounting duties which would be imposed upon the city

    clerk in the absence of this chapter, and the city clerk shall be relieved of such duties, including

    all such duties imposed upon the city clerk by Government Code sections 40802 to 40805;

    L.  Perform all duties that are imposed upon the finance director by this Code or by other

    law; and

    M.  Perform such other duties as may be imposed upon the finance director by this Code,

    other law, or the appointing authority acting in a manner authorized by this Code or other law.

    2.14.030 Surety bond. 

    The finance director of the city shall acquire a surety bond to be approved by the city council,

    such bond to be conditioned on the faithful performance of the finance director’s duties. The

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    that are not designed to increase services or expand a system pursuant to CEQA Guidelines

    § 15273. 

    SECTION 4. Effective Date.  This Ordinance shall take effect thirty (30) days after adoption as

    provided by Government Code section 36937.

    SECTION 5. Certification.  The City Clerk shall certify to the passage and adoption of this

    Ordinance and shall give notice of its adoption as required by law. Pursuant to Government

    Code section 36933, a summary of this Ordinance may be published and posted in lieu ofpublication and posting the entire text.

    INTRODUCED and first read at a regular meeting of the City Council on the fifth day of January,

    2016, by the following vote:

    AYES: Mayor Spillman and Council Members Mattina, Parlet, Scheel, and Turner

    NOES: NoneABSENT: None

    ABSTAINING: None

    FINAL PASSAGE AND ADOPTION by the City Council occurred at a regular meeting thereof held

    on the 19th day of January, 2016, by the following vote:

    AYES:NOES:

    ABSENT

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     CITY OF LAKEPORT

    City Council

    City of Lakeport Municipal Sewer District

    Lakeport Redevelopment Successor Agency

    Lakeport Industrial Development Authority

    Municipal Financing Agency of Lakeport

    STAFF REPORT 

    RE: Minor Revisions to Zoning Ordinance to Improve

    Transparency & Streamline Permit Processing Procedures 

    MEETING DATE:  01/19/2016

    SUBMITTED BY: Kevin M. Ingram, Community Development Director

    PURPOSE OF REPORT: Information only Discussion Action Item

    WHAT IS BEING ASKED OF THE CITY COUNCIL/BOARD: 

    The City Council is being asked to conduct a public hearing to consider minor revisions to the Lakeport Zoning

    Ordinance aimed at increasing transparency and streamlining the processing of land use development permits.

    BACKGROUND/DISCUSSION:

    In 2003, the City of Lakeport surveyed local residents and businesses as part of the preparation of the City of

    Lakeport Business Retention and Recruitment Strategy. Those businesses interviewed cited, amongst other

    things, that “last minute changes to approved project plans” and “limited or poor communication about City

    policies, expectations, and activities” were a serious concern. Although more than ten years have passed, the

    concerns expressed in this survey remain relevant today. Relevant in the fact that they are included within the

    i l l f h G l l d f l d ill b h l l b i

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    The zoning ordinance provides the community development director the authority to approve certain

    discretionary land use development permits. These allowances permit the administrative approval of:

    shoreline development permits, minor exceptions to development and design standards, and administrative

    & minor architectural and design review.

    The City of Lakeport Zoning Ordinance currently allows for the filing of appeals of administratively approvedpermits per Section 17.31.030. This section allows for the Planning Commission to review administratively

    approved permits if an appeal is filed within five (5) business days of a decision. However, other than in the

    case of the issuance of zoning permits, there is no mechanism required for the notification of the public of a

    pending administrative approval action.

    To remedy this situation CDD staff is recommending that adjoining property owners to any property where

    the administrative approval of a discretionary land use development is being considered be notified a

    minimum of ten (10) days in advance of any decision by the community development director. If anyadjoining property owner takes issue with the approval they may seek an automatic review of the action by

    the Planning Commission. Notification of adjoining property owners, in staff’s opinion strikes a balance

    between the current ‘no’ notification system of most administratively approved projects and the standard

    notification procedures for public hearings outlined in Section 17.30.030 which require a formal legal notice

    placed in the newspaper of record and distributed by mail to all property owners within 300’ of the

    proposed project.

     Affected chapters of the Zoning Ordinance Include: Regulations for Clear Lake Shoreline Development (SD)Combining District (Chapter 17.18), Minor Exceptions (Chapter 17.25), Architectural and Design Review

    (Chapter 17.27), and Performance Standards (Chapter 17.28).

    B.  Proposed Amendments to the Land Use applications procedures process:

    A Chief complaint from the business community in regards to the City’s land use development process is the

    length in application processing time and a perceived last minute changes to approved project plans. The

    California Permit Streaming Act (Government Code §65920 et. seq.) requires that within thirty (30) days of

    the receipt of a land use development application, a local agency make a determination as to the

    completeness of the application. If an application is determined to not be complete, an incomplete

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    In composing the proposed amendments to the land use development application procedures of Section

    17.29 of the Zoning Ordinance, City staff consulted the development codes of: the County of Lake, Butte

    County, Town of Windsor, City of Calistoga and City of Grass Valley.

    Proposed Zoning Ordinance amendments affect Section 17.29 (Applications and Fees).

    OPTIONS:

    1.  After conducting the public hearing, and consideration of the proposed minor revisions to the Zoning

    Ordinance, adopt the proposed Ordinance as presented by staff.

    2.  After conducting the public hearing, and consideration of the proposed minor revisions to the Zoning

    Ordinance, direct staff to make modifications or revisions to the proposed Ordinance.

    3. 

    After conducting the public hearing, and consideration of the proposed minor revisions to the ZoningOrdinance, take no action or take action to deny the proposed Ordinance.

    FISCAL IMPACT:

    None $ Budgeted Item? Yes No

    Budget Adjustment Needed? Yes No If yes, amount of appropriation increase: $

    Affected fund(s): General Fund Water OM Fund Sewer OM Fund Other:

    Comments:  None 

    SUGGESTED MOTIONS:

    Move to approve the ordinance amending the Zoning Ordinance, Chapter 17 of the Lakeport Municipal Code, to

    improve transparency and streamline the processing of land use development permits. 

    Attachments:  1. 

    Draft Ordinance No. ### (2016)

    2 Planning Commission Staff Report of December 9 2015

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    ORDINANCE NO. 901 (2016)

    AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKEPORT

    AMENDING THE ZONING ORDINANCE (CHAPTER 17 OF THE LAKEPORT

    MUNICIPAL CODE) TO IMPROVE TRANSPARENCY AND STREAMLINE

    PERMIT PROCESSING PROCEDURES

    WHEREAS, the City Council has considered all the evidence and text submitted

    into the administrative record, and

    WHEREAS, the proposed amendments are in the public interest, are consistent

    with the General Plan, will not be detrimental to the community’s health, safety, and

    welfare, and

    WHEREAS,  the proposed amendments comply with the California

    Environmental Quality Act, and

    WHEREAS, the purpose of the amendments to the City of Lakeport Municipal

    (Chapter 17 of the Lakeport Municipal Code) is to improve transparency, public input

    and streamlining permit processing procedures, and

    WHEREAS, The Planning Commission reviewed the amendment on November

    18, 2015 and December 9, 2015, at a noticed hearing, and forwarded the zoningamendments to the Lakeport City Council with a recommendation of approval, and

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    To protect and preserve environmentally sensitive areas adjacent to the Clear Lake

    shoreline and to prevent degradation of wetland and riparian areas, reduce erosion and

    water quality impacts and enhance the fishery resources and view corridors. Within theSD combining district, all uses shall comply with the regulations of the base zoning

    district and with the additional regulations set forth in this chapter.

    17.18.020 Applicability.

    The Shoreline Development District shall be applied in the following areas: Those areas

    designated on the Lakeport Zoning Map as SD Combining District.

    17.18.030 Uses permitted subject to the issuance of a shoreline development permit.

    A. Any use permitted within the base zoning district that involves grading, dredging,

    filling, excavation of soil or gravel, or other similar activities that would alter the existing

    topographic characteristics along the Clear Lake shoreline.

    B. Proposed construction, reconstruction, additions, or modifications of buildings,

    boat ramps, retaining walls, boat docks, floats, fencing, utility lines, or other similar

    improvements.

    17.18.040 Exemptions.

    The following activities shall be exempt from the provisions of this section:

    Activities of a governmental agency, including:

    A. The rehabilitation or replacement of previously authorized fill, provided that the fill

    has not or will not be put to uses differing from the original permit authorizing its initialconstruction.

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    The maximum height of all structures on parcels along the shore of Clear Lake within

    the Clear Lake shoreline development combining district shall not exceed twenty-five

    feet unless a greater height is allowed through the approval of a use permit.

    17.18.070 Shoreline development plan required.

    In conjunction with an application for a land use project or building permit, a shoreline

    development plan shall be submitted for review and approval. The shoreline

    development plan shall include:

    A. A plot plan drawn to scale showing all existing vegetation cover and all types of

    plant materials including tules, cattails, willows, cottonwood, aquatic vegetation, oak

    trees, and other similar vegetation.

    B. A plot plan depicting the existing property lines and site topography at two foot

    intervals, identification of the areas adjacent to Clear Lake, including the Zero Rumsey,

    7.79 Rumsey, 11.5 Rumsey, and one thousand three hundred twenty-six feet above sea

    level.

    C. A vicinity map identifying the wetlands on adjacent properties.

    D. A plot plan showing the intended development including all proposed structures,

    roads, drainage facilities, fill areas, dredging areas, final topographic contours, and

    water control facilities such as retaining walls, revetments, levies, dikes, banks, berms,

    etc.

    E. A plant and wildlife habitat management, protection, and enhancement programincluding proposed wetland plant materials and other native vegetation.

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    E. Not result in the unnecessary removal of wetland vegetation or riparian

    environment including tules, cottonwood, willow trees, cattails, and other significant

    vegetation; and

    F. Result in minimum disruption of soil and bank areas along shoreline parcels; and

    G. Comply with the provisions, policies, and programs of the Lakeport general plan,

    and other city, county, state, or federal agencies.

    17.18.090 Approval Notification

    Prior to approval of a shoreline development plan, and not less than ten (10) calendar

    days prior to the proposed issuance, the community development department shall

    notify owners of contiguous properties immediately adjacent to the said project

    and/or additional properties as determined by the community development director.

    Notification shall be given by mail or delivery.

    The written notice shall declare that the requested shoreline development plan may

    be issued without review and decision by the planning commission if no writtenrequest for review is filed with the community development department within ten

    (10) calendar days of the date of mailing.

    If no request for review and decision by the planning commission is filed with the

    community development department, the shoreline development plan may be issued

    by the community development director.

    If a request for review by the planning commission is filed with the community

    development department pursuant to this subsection the community development

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    Chapter 17.25 of Title 17 of the Lakeport Municipal Code is amended to read as follows:

    17.25.010 Purpose.These provisions allow for minor adjustments from the standards contained in this code

    when, because of special circumstances applicable to the property, the strict

    application of this code deprives such property of privileges enjoyed by other

    properties in the vicinity and under identical land use districts.

    17.25.020 Conditions.

    Any minor exception granted shall be subject to such conditions as will ensure that the

    adjustment will not constitute a grant of special privilege(s) inconsistent with the

    limitations upon other properties in the vicinity and land use district in which such

    property is situated.

    17.25.030 Applicability.

    The community development director may grant a minor exception up to a maximum of

    ten percent governing the following measurable design/site considerations or other

    similar situations.A. Distance between structures.

    B. Lot dimensions.

    C. On-site parking, loading, and landscaping.

    D. Setbacks.

    Any modification request which exceeds the prescribed limitations outlined in this

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    The written notice shall declare that the requested minor exception may be issued

    without review and decision by the planning commission if no written request forreview is filed with the community development department within ten (10) calendar

    days of the date of mailing.

    If no request for review and decision by the planning commission is filed with the

    community development department, the minor exception permit may be issued by

    the community development director.

    If a request for review by the planning commission is filed with the community

    development department pursuant to this subsection, the community development

    director shall schedule a public hearing before the planning commission at its next

    regularly scheduled meeting. Notification of said public hearing shall adhere to the

    requirements of Section 17.30 of this Code.

    17.25.060 Findings.

    Following the notice, tT he community development director shall make a decision onthe request in writing and recite herein the findings upon which such decision is based,

    pursuant to Section 65906 of the Government Code. The director may approve and/or

    modify an application in whole or in part, with or without conditions, only if all of the

    following findings are made:

    A. That there are special circumstances applicable to the property, including its size,

    shape, topography, location, or surroundings which create an unusual situation in terms

    of the ability to comply with code requirements.

    B That granting the minor exception is necessary for the preservation and enjoyment

    http://www.leginfo.ca.gov/cgi-bin/displaycode?section=gov&group=65001-66000&file=65900-65909.5http://www.leginfo.ca.gov/cgi-bin/displaycode?section=gov&group=65001-66000&file=65900-65909.5

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    17.25.070 Precedents.

    The granting of a prior minor exception is not admissible evidence in support of thegranting of a new minor exception.

    17.25.080 Burden of proof.

    The burden of proof to establish the evidence in support of the findings is the

    responsibility of the applicant.

    17.25.090 Minor exception expiration.

    A minor exception shall be exercised within one year from the date of approval, or it

    shall become null and void.

    17.25.100 Time extension.

    The director may, upon an application being filed prior to expiration and for good

    cause, grant a time extension not to exceed six months. Upon granting of an extension,

    the director shall ensure that the minor exception complies with all current code

    provisions.

    17.25.110 Revocation.

    The planning commission may hold a public hearing to revoke or modify a minor

    exception granted pursuant to the provisions of this chapter. Ten days prior to the

    public hearing, notice shall be delivered in writing to the applicant and/or owner of the

    property for which such minor exception was granted. Notice shall be deemed

    delivered two days after being mailed, first class postage paid, to the owner as shownon the current tax rolls of the county of Lake, and/or the project applicant.

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    F. That the improvement permitted by the minor exception is detrimental to the

    public health, safety, or welfare or constitutes a nuisance.

    SECTION 3. Amendment to Architectural and Design Review

    Section 17.27.030 of Title 17, Chapter 17.27 of the Lakeport Municipal Code is amended

    to read as follows:

    17.27.030 Authority.

    Authority to approve plans for projects subject to architectural and design review shall

    be authorized as follows:

    A. Administrative Approval. The community development director is authorized to

    review and administratively approve:

    1. Change of Use. A change of use in an existing nonresidential building involving

    no new construction upon the finding that the use and site meet the requirementsof this title and that all standard public improvements are existing.

    2. The painting or re-painting of all commercial, industrial, multifamily,

    institutional, or similar buildings.

    3. Single-family dwellings and additions thereto.

    B. Minor Architectural and Design Review. The community development director is

    authorized to review and decide upon applications for minor architectural and design

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    D. Planning Commission. The planning commission is authorized to review and decide

    on all other plans for commercial, industrial, multifamily residential, and institutional

    structures, and the alteration or enlargement of existing commercial, industrial,multifamily, and institutional structures except as provided for in subsections A and B of

    this section.

    E. No condition of the architectural and design review approval shall impose

    requirements pertaining to use, density, floor area ratio, creek setbacks, parking and

    loading, and similar requirements that are more restrictive than those required by the

    applicable zoning district on a valid use permit or variance.

    SECTION 4. Amendment to Architectural and Design Review

    Section 17.27.070 of Title 17, Chapter 17.27 of the Lakeport Municipal Code is amended

    to read as follows:

    17.27.070 Application review.

    Architectural and design review applications considered by the planning commissionshall be reviewed at a public hearing in accordance with the provisions of Chapter

    17.29. The planning commission shall consider the application at the most appropriate

    meeting date within sixty days following a determination by the community

    development director that the application is complete. The community development

    director shall publish a notice in the local newspaper, at least ten calendar days in

    advance of the meeting, giving the application number, the applicant’s name and

    address, the proposed action, the location, and assessor’s parcel number along with thedate, time, and place of the public hearing.

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    If no request for review and decision by the planning commission is filed with the

    community development department, the administrative or minor architectural and

    design review may be issued by the community development director.

    If a request for review by the planning commission is filed with the community

    development department pursuant to this subsection, the community development

    director shall schedule a public hearing before the planning commission at its next

    regularly scheduled meeting. Notification of said public hearing shall adhere to the

    requirements of Section 17.30 of this Code. 

    A staff report analyzing the project and its conformance with the provision of this code

    shall be developed by the community development department.

    SECTION 5. Amendment to Performance Standards

    Section 17.28.010.O of Title 17, Chapter 17.28 of the Lakeport Municipal Code is

    amended to read as follows:

    17.28.010.O Fences and Walls/Residential Areas.

    O. Fences and Walls/Residential Areas. Fences and walls constructed in all residential

    zoning districts shall be subject to the following:

    1. Fences or walls up to six feet in height are permitted along the interior side lot

    line(s) to the front setback line, along the interior rear lot line, along the front yardsetback line, and along the side yard street setback line.

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    the subject property or a lessee or authorized agent of the owner if written

    authorization from the owner is filed concurrently with the application. 

    17.29.030 Land use application procedures

    The following procedures shall be followed in processing of land use applications and

    development permits which require planning commission or city council action:

    A.  Prior to submitting an application for a land use application/development

    permit, project proponents should meet with the community development department

    staff in a pre-application conference to discuss the project and application procedures.

    Pre-Application Conference 

    1.   A prospective project proponent is encouraged to request a pre-

    application conference with community development staff before completing

    and filing a land use application/development. 

    2.  The purpose of the pre-application conference is to: 

    a. 

    Inform the project proponent of City requirements as they apply to the proposed project: 

    b.  Review the City’s land use development review process, possible project

    alternative or modifications; and  

    c.  Identify information and materials the City will require with the

    application, and any necessary technical studies and information relatingto the environmental review of the project.

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    2. 

    The application shall be filed with all required fees, deposits,

    information, and materials as specified by the community development

    department.

    3. 

    Project proponents are encouraged to contact the community

    development department before submitting and application to verify which

    materials are necessary for application filing.

    C.  If the application package is incomplete, a letter specifying what is required to

    make it complete will be sent to the project proponent within thirty calendar days

    of the submittal date. Initial Review of Application 

    1.  The community development department shall review each application

     for completeness and accuracy before it is accepted in compliance with

    Government Code 65943. Acceptance of the application shall be based on the

    City’s list of required application contents and any additional written

    instructions provided to the project proponent in a pre-application conference,

    and/or during the initial application review period. 

    2. 

     At the discretion of the community development department, or where

    otherwise required by this code or State or federal law, an application may be

    referred to any public agency that may have interest in the proposed project. 

    3. 

    Within 30 calendar days of application acceptance, the project

     proponent shall be informed in writing that the application is complete andhas been accepted for processing, or that the application is incomplete and the

    additional information is required in conformance with Government Code

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    D.  If the application package is compete, staff will: log the application(s); prepare a

    file; determine the planning commission review date; send out requests for review;

    and publish a legal notice. (See Section

    E.  A report on the project shall be prepared and mailed to the project proponent

    no later than four calendar days before the scheduled planning commission

    meeting.

    F.  The planning commission agenda and previous meeting minutes shall be posted

    seventy-two hours in advance of the planning commission meeting.

    G.  After planning commission action on a land use application, staff will forward

    correspondence to the applicant indicating the decision. The conditions of

    approval/mitigation measures shall be included in the correspondence. Land use

    applications requiring city council action shall be scheduled with the administrative

    clerk.

    17.29.040 Project Evaluation and Staff Reports A.

     

    Staff Evaluation. The community development department shall review all

    land use applications/development permits to determine if they comply with all

    applicable requirements, including the Zoning Ordinance, other applicable

     provisions of the Municipal Code, the General Plan, and any applicable specific

     plan.

    B. 

    Staff Report. The community development department shall provide a writtenrecommendation for all land use applications/development permits subject to the

    review authority of the planning commission and/or city council (as applicable) as

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    B.  The community development director may grant one 90-day extension, if the

     project proponent files a written request with the community developmentdepartment before expiration. 

    C.   After the expiration of an application, future City consideration shall require

    the submittal of a new, complete application and associated fees. 

    17.29.050 060 Fees

    The city council shall, by resolution, establish a schedule of fees for land use

    applications, amendments, and other matters pertaining to this chapter. The schedule

    of fees may be changed or modified by resolution of the council. Review shall not

    commence on any application until all applicable fees have been paid in full. The city is

    not required to continue processing and application unless its fees are paid in full.

    Failure to pay the applicable fess is grounds for denial of the application. 

    SECTION 7. Severability: Should any provision of this Ordinance, or its

    application to any person or circumstance, be determined by a court of competent jurisdiction to be unlawful, unenforceable or otherwise void, that determination shall

    have no effect on any other provision of this Ordinance or the application of this

    Ordinance to any other person or circumstance and, to that end, the provisions hereof

    are severable.

    SECTION 8. CEQA. This ordinance is not a “project” subject to the California

    Environmental Quality Act (CEQA). “Project” does not include “general policy andprocedure making” or “[o]rganizations or administrative activities of governments that

    will not result in direct or indirect physical changes in the environment” pursuant to

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    NOES: None

    ABSTAIN: None

    ABSENT: None

    FINAL PASSAGE AND ADOPTION by the City Council of Lakeport occurred at a meeting

    thereof held on the 19th

     day of January 2016, by the following vote:

    AYES:

    NOES:

    ABSTAIN:

    ABSENT:

     ___________________________

    MARC SPILLMAN, MAYOR

    ATTEST:

     _____________________________

    KELLY BUENDIA, Acting City Clerk

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    CITY OF LAKEPORT

    COMMUNITY DEVELOPMENT DEPARTMENT

    STAFF REPORT  

    ITEM: VI.A

    DATE: December 9, 2015

    PROJECT NAME: Minor Revisions to Zoning Ordinance to Improve

    Transparency & Streamline Permit Processing Procedures

    FILE NO: ZC 15-04 / CE 15-11

    APPLICANT & LAND

    OWNER:

    City of Lakeport

    225 Park Street

    Lakeport, California 95453

    STAFF CONTACT: Kevin M. Ingram, Community Development Director

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    Minor Revisions to Zoning Ordinance

    ZC 15-04/CE 15-11 

    that they are included within the Economic Development Element of the General Plan1 and are

    frequently expressed still by the local business community. To partially address these concerns,

    Community Development Department (CDD) staff recommends that the Planning Commissionconsider a series of small amendments to the City’s zoning ordinance in order to improve

    transparency in its administrative approval of discretionary land use development permits and

    improve the streamlining by which the Planning Division accepts and reviews land use

    development applications.

    Revisions pertaining the improving transparency within the Administrative Approval process:

    The zoning ordinance provides the community development director the authority to approve

    certain discretionary land use development permits. These allowances permit the

    administrative approval of: shoreline development permits, zoning permits, minor exceptions

    to development and design standards, and administrative & minor architectural and design

    review.

    The City of Lakeport Zoning Ordinance currently allows for the filing of appeals ofadministratively approved permits per Section 17.31.030. This section allows for the Planning

    Commission to review administratively approved permits if an appeal is filed within five (5)

    business days of a decision. However, other than in the case of the issuance of zoning permits,

    there is no mechanism required for the notification of the public of a pending administrative

    approval action.

    To remedy this situation CDD staff is recommending that adjoining property owners to anyproperty where the administrative approval of a discretionary land use development is being

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    Minor Revisions to Zoning Ordinance

    ZC 15-04/CE 15-11 

    Proposed Amendments to the Land Use applications procedures process: A Chief complaint

    from the business community in regards to the City’s land use development process is the

    length in application processing time and a perceived last minute changes to approved projectplans. The California Permit Streaming Act (Government Code §65920 et. seq.) requires that

    within thirty (30) days of the receipt of a land use development application, a local agency

    make a determination as to the completeness of the application. If an application is

    determined to not be complete, an incomplete notification and a request for additional

    information is required to be provided to the applicant in writing.

    Although consistent with the requirements of the state permit streaming act, the current City

    of Lakeport land use application processing procedures outlined in Section 17.29.030 of the

    Zoning Ordinance contains an extra step in the permitting process that is not present within the

    development procedures of most other local jurisdictions. At current, project application

    packets are submitted to the CDD for review of the completeness of the application for a thirty

    day period. Once an application package is determined to be complete it is then circulated for

    review to other Federal, State and local agencies with regulatory or permitting issuance jurisdiction over projects.

    Upon review of several other local jurisdictions land use application review procedures it was

    noted that the internal review period by the Planning Division and the period in which project

    applications are reviewed by other Federal, State and local agencies are typically combined

    together in one step as a means of streaming the permitting process and reducing ambiguity in

    development requirement expectations. CDD staff believes the combining of this process

    within Lakeport’s land use development process will aid in reducing the processing time of land

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    Minor Revisions to Zoning Ordinance

    ZC 15-04/CE 15-11 

    Zoning Amendment Criteria

    (17.32.010 (B))

    1. The proposed amendment is in the public’s interest.2. The proposed amendment is consistent with the Lakeport General Plan.

    3. The proposed amendment will not be detrimental to the community’s health, safety, and

    welfare.

    4. The proposed amendment complies with the California Environmental Quality Act.

    This project does not involve the rezoning of any lands or a change in permitted uses. Proposed

    amendments pertain to permit processing procedures only. Staff analysis of each individualfinding criteria is as follows:

    1.  The proposed Zone Change text amendment is in the public’s interest. 

    Staff Analysis: As noted in the background/discussion section above, the Lakeport community

    has for several years expressed frustration in the City’s land use development process.

    Common complaints include—long processing times, requested last minute project changes

    and poor communication between staff and applicants. The proposed minor revisions to theZoning Ordinance are intended to directly address these stated concerns.

    The incorporation of project notification for administrative discretionary land use decisions will

    increase transparency and provide a greater opportunity for public input on land use decisions

    prior to the approval of a project. Additionally, the proposed amendments to the application

    processing procedures combining the existing Planning Division project internal review process

    with review period by other Federal, State and local agencies will assist in reducing permitprocessing times and reduce applicant’s frustration with requests for project changes several

    times throughout the application review process

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    Minor Revisions to Zoning Ordinance

    ZC 15-04/CE 15-11 

    This combining of existing review periods within the current Zoning Ordinance will aid in

    reducing permit processing time and the number of instances in which an applicant would be

    required to revise project plans. Limiting the number of times that revisions to developmentplans are needed also has the added spillover benefit of reducing an applicant’s overall project

    costs. Reducing the cost of business is recognized by Policy ED.3 of the Economic Development

    Element of the General Plan which states: “The city shall work to retain a competitive “cost of

    doing business” in Lakeport relative to the Bay Area and Lake County Region.” 3 

    Overall the proposed minor revisions to the Zoning Ordinance assist in facilitation of a more

    business-friendly local government environment through better ‘facilitation of permit

    processing’ and the creation of a ‘more supportive business environment by providing clear andconsistent development standards, procedures and information to the business community’,

    consistent with Policy ED 2.14 and Objective ED 3

    5 of the Economic Development Element of

    the General Plan, respectively.

    3. The potential impacts of the proposed Zone Change text amendment have been assessed

    and have been determined not to be detrimental to the public health, safety, and welfare.

    Staff Analysis: Proposed revisions to the text of the Zoning Ordinance does not involve the

    rezoning of any lands or the change in permitted land uses and thus will not result in any

    detrimental impacts to public health, safety or welfare.

    4. The proposed Zone Change text amendment has been processed in accordance with the

    applicable provisions of the California Government Code and the California Environmental

    Quality Act.

    St ff A l i Th d i i t th Z i O di i t “ j t” d fi d b

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    Minor Revisions to Zoning Ordinance

    ZC 15-04/CE 15-11 

    SAMPLE MOTIONS

    Categorical Exemption:

    Move that the Planning Commission find that the proposed Zone Change text amendment (ZC 15-

    04) is not a project as defined by the California Environmental Quality Act per CEQA Guidelines

    Section 15378(b) and further that this action is categorically exempt from the CaliforniaEnvironmental Quality Act pursuant to CEQA Guidelines Section 15305. 

    Zone Change:

    Move that the Planning Commission recommend that the City Council approve a Lakeport

    Zoning Ordinance text amendment (ZC 15-04) as applied for by the City of Lakeport, subject to

    the findings listed in the staff report dated December 9, 2015.

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    Over 100 years of community

    pride, progress and service.

     November 30, 2015

    MINUTE ORDER

    LAKEPORT PLANNING COMMISSION

    REGULAR MEETING

    (November 18, 2015)

    PUBLIC HEARING TO REVIEW PROPOSED MINOR REVISION TO THE LAKEPORT

    ZONING ORDINANCE TO INCREASE TRANSPARENCY AND STREAMLINE PERMITTINGPROCESSES.

    Community Development Director Kevin Ingram requested review of minor revisions to the Lakeport

    Zoning Ordinance as a means of increasing transparency within the issuance of AdministrativelyApproved discretionary land use permits. Ingram advised, consistent with Section 17.32.010.A.3, staff is

    requesting a text amendment and direction to prepare a formal zone change text amendment and send out

    a legal notice for a public hearing for the Commission’s next regular meeting in December.

    Ingram stated revisions pertaining to improving transparency within the Administrative Approval process provides the community development director the authority to approve certain discretionary land use

    development permits. These allowances permit the administrative approval of: shoreline development

     permits, zoning permits, minor exceptions to development and design standards, and minor architectural

    and design review. Ingram advised standard appeal processes to administrative approvals apply, howeverother than zoning permit approvals the zoning ordinance does not provide for any mechanism notifying

    interested members of the public of any decision on the granting of a land use development permit. To

    remedy this, CDD staff is recommending, that adjoining property owners be notified a minimum of ten(10) days prior to the decision by the community development director for all administrative discretionary

    i I d i d ifi i f dj i i i ff’ i i ik b l

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    Commissioner Taylor advised anything that can streamline things would make the process better. Taylor

    advised he works with contactors on a regular basis and he used to hear complaints about the City all thetime; now with our new staff he’s heard good things. He believed staff was on the right track.

    Commissioner Wicks liked the idea; anything we can do to make it easier is best.

    Commissioner Russell stated she agrees with the comments from Commissioner Taylor and she is pleasedto hear that streamlining is in the works. Associate Planner Chance stated he has worked with several

    different jurisdictions and he’s never seen land use development permits done this way. Most cities in the

    CDD reviews the project forward before the submittal of the application which gives the opportunity ofsetting up pre-application meetings, if it is a large project, getting the different agencies involved early on.

    Chance advised when done this way, by the time the 30 day review period comes the problems have pretty

    much been worked out. Chance stated it then doesn’t put the burden on the City where we have severalfiles sitting around for a long time.

    Commissioner Wicks advised of a change to Attachment 1 section 17.18.090 Review by the planningcommission, the hyperlink needed to be corrected to read 17.18.090. Wicks advised that in Attachment 1

    Section 17.27.030.C it states “The Community Development Director shall send copies of staff reports to

    the Planning Commission for all administrative and minor architectural and design review approvals, etc.”

    He stated the Commission has not received these staff reports in the past and asked if they were eversupposed to get them. Ingram advised yes, staff has been providing the conditions of approval on

    anything approved at a staff level not just the minor architectural and design review.

    Ingram stated staff still plans to provide the commission with the project list and any project that is

    approved administratively that has project conditions of approval he still wants forwarded to the

    commission.

    Wicks advised that on Attachment B Section 17.29.030 Land Use application procedures stated “A

     prospective project proponent is encouraged to request a pre-application conference with the community

    development staff before completing and filing a land us application/development.” He proposed that itshould read “A prospective project proponent shall be required to attend a pre-application conference,

    etc.” Wicks stated it would beneficial to all parties to have a face to face contact with staff. Ingram stated

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    Q UARTERLY FINANCIAL REPORT FOURTH Q UARTER, 2014-15JANUARY 19, 2016

    G

    ENERAL FUND FINANCIAL CONDITION

    .  The City’s general fund is its

    primary source of discretionary resources for the provision ofservice deemed necessary and desirable by the citizens of

    Lakeport and the City Council.

    The general fund ended the year well with a total fund balance of

    $2.94 million, of which $2.56 million was available for spending.

    The City Manager recommended using $580,126 of the general

    fund reserve to engage in one-time uses in the 2014-15 budget,

    including capital projects and prior year encumbrances, which

    was later augmented to $672,355 to accommodate additionalone-time expenditures. $300,359 was not used, however, and

    was subsequently appropriated in the 2015 16 budget

    City management is pleased to present this quarterly financial

    report summarizing the City’s overall financial activity and

    position through June 30, 2015. This financial information is

    unaudited. For audited information, or to find greater detail,

    please refer to the City’s Comprehensive Annual Financial Report

    (CAFR), which is released by December 31 following the end of

    the fiscal year.

    ADJUSTED BUDGETS AND REVENUE ESTIMATES. The revenue projections

    and budget expenditures presented herein include budget

    adjustments approved by the City Council.

     

    General Fund Balance Budget YTD Actual Percent

    Revenues 4,518,500$ 4,446,767$ 98%

    Expenditures 5,457,299  4,835,558  89%

    Transfers in (out), net 266,444  16,795  6%

    Use of fund balance 672,355  672,355  100%

    Surplus (deficit) -$ 300,359$

    Total fund balance, beginning 3,313,489 

    Total fund balance, ending 2,941,493 

    Spendable fund balance, ending 2,567,395$

    Fund balance as a percent of total 61%

    expenditures

    OVERVIEW 

    GENERAL FUND 

    125 Years of pr ide, progr ess and service.

    GENERAL FUND FINANCIAL CONDITION

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    Q UARTERLY FINANCIAL REPORT FOURTH Q UARTER, 2014-15JANUARY 19, 2016

    Top Ten Revenues Budget YTD Actual Percent

    Sales tax - Bradley-Burns 1,053,492$ 948,056$ 90.0%

    Sales and use tax - Measure I 730,299  701,963  96.1%

    Property tax 484,190  454,422  93.9%

    Property tax in lieu of VLF 408,000  391,441  95.9%

    Property tax in lieu of sales tax 376,306  388,586  103.3%

    Grants and subventions 198,952  235,064  118.2%

    Franchise fees 193,194  204,994  106.1%Rents and leases 160,319  99,853  62.3%

    Business license tax 95,000  92,105  97.0%

    Permits 69,050  81,506  118.0%

    Total 3,768,802$ 3,597,989$ 95.5%

    Percent

    Top Ten Revenues Compared YTD 14-15 YTD 13-14 Change

    Sales tax - Bradley-Burns 948,056$ 1,078,173$ -12.1%

    Sales and use tax - Measure I 701,963  736,948  -4.7%

    Property tax 454,422  457,591  -0.7%

    Property tax in lieu of VLF 391,441  396,571  -1.3%

    Property tax in lieu of sales tax 388,586  358,753  8.3%

    Grants and subventions 235,064  395,948  -40.6%

    Franchise Fees 204,994  193,921  5.7%

    Rents and Leases 99,853  106,033  -5.8%Business license tax 92,105  65,262  41.1%

    Permits 81,506  81,490  0.0%

    state’s triple flip was not implemented as expected and resultedin lower cash receipts. The wind down will continue into the

    2015-16 FY.

    Measure I collections also were weaker than anticipated and

    down from last year for similar reasons, although Triple Flip

    adjustments do not apply. We will monitor both these revenue

    sources closely and recommend adjustments to the FY 2015-16

    budget later, if needed.

    Property tax.  Receipts came in lower than anticipated as thecounty continues to process Prop 8 (1978) property value

    adjustments. Economically, the City experienced a surge in

    residential property sales during 2011 and 2012, driving home

    values upward, but that trend cooled in 2014-15. This revenue

    source is down slightly compared to a year ago; however we are

    optimistic recovered property values and current homes values

    will be reflected in 2015-16 tax receipts. Property values remain

    stable at the very least.

    Property tax in lieu of VLF Vehicle License Fee). These are

    property tax shares allocated to cities and counties beginning in

    FY 04-05 as compensation for the state’s take of Vehicle License

    Fees (VLF). This revenue source typically follows regular property

    tax collections and is almost identical to last year, reflecting

    nominal changes to the property tax roll.

    Property tax in lieu of sales tax Triple Flip).  This is a mechanism

    used to repay the state fiscal recovery bonds pursuant to Prop 57

    of 2004. Under the Triple Flip, the local sales and use tax rate isreduced from 1.00% to 0.75% with the 0.25% diverted to repay

    f l b d d b d

    TOP TEN GENERAL FUND REVENUESBUDGET TO ACTUAL

    TOP TEN GENERAL FUND REVENUES

    COMPARED

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    Q UARTERLY FINANCIAL REPORT FOURTH Q UARTER, 2014-15JANUARY 19, 2016

    Expenditures by Department Budget YTD Actual Percent

    City Council 146,712$ 86,903$ 59%

    Administration 519,584  516,992  100%

    City Manager: Econ Dev 114,000  39,950  35%

    City Attorney 148,398  150,414  101%

    Finance 583,621  557,783  96%

    Planning 303,633  295,289  97%

    Building 228,746  147,651  65%

    Housing 505,434  195,938  39%

    Engineering and IT 3,190,737  1,307,305  41%

    Police 2,811,249  2,546,623  91%

    Public Works:

    Roads & Infrastructure 1,612,988  891,601  55%

    Parks, Building, Grounds 575,843  485,651  84%

    Westshore Pool 88,505  51,277  58%

    Water O&M 3,175,989  2,335,197  74%

    Sewer O&M 1,781,509  1,702,979  96%

    CLMSD Special Projects 45,658  19,630  43%

    Total 15,832,607$ 11,331,183$ 72%

    Expendit ures by Major Categor Budget YTD Act ual Percent

    Salaries and benefits

    Active employee 4,384,029$ 3,806,098$ 87%

    Retiree 369,262  362,196  98%

    Total 4,753,291  4,168,294  88%Operations

    Departmental 3,277,444  2,908,013  89%

    EXPENDITURES BY DEPARTMENT

    CITY-WIDE – 

     BUDGET TO ACTUAL

    EXPENDITURES BY MAJOR CATEGORY

    CITY-WIDE –  BUDGET TO ACTUAL

    Departmental expenditures City-wide (i.e., general fund, special

    revenues funds, RDA Successor Agency, water and sewer) were

    72% of budgeted appropriations. Non-departmental activity

    brought expenditures up to 75%.

    Non-departmental activity includes debt service, retiree health

    administration, and minor administrative expenses provided by

    third parties, including bank, merchant, and trustee fees.

    A large portion of the budget was the downtown improvement

    project - funded by unspent former redevelopment bond

    proceeds - as well as other capital projects, including those

    funded by USDA. The majority of construction on Main Street is

    expected to commence in the spring and summer of 2016, and

    unspent bond proceeds will be carried over to next fiscal year to

    complete the project.

    City policy maintains budget control at the fund level. However,the Finance Department monitors expenditures at the object or

    account level (i.e., salaries and benefits, electricity, professional

    services, etc.) and reports that information monthly to all

    departments and the City Manager. As of June 30, 2015,

    departments reported expenditures below expected budgeted

    appropriations with the following exceptions:

    City Attorney: Cost related to specific legal activities

    were higher than anticipated.

    The City Manager meets with each department during the mid-

    year to review expenditures and potential budget adjustments

    DEPARTMENTAL EXPENDITURES 

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    Q UARTERLY FINANCIAL REPORT FOURTH Q UARTER, 2014-15JANUARY 19, 2016

    Water O&M

    Revenue, Expenditures, and Changes in Work ing Capital Percent

    6/30/2015 6/30/2014 Change

    Revenues

    Operating 1,863,573$ 1,690,781$ 10.2%

    Non-operating 4,253  734  479.5%

    Total 1,867,827  1,691,515  110.4%

    Expenditures

    Operating:

    Salaries and benefits 739,864  748,673  -1.2%

    Materials, supplies and service costs 526,199  519,722  1.2%

    Total 1,266,062  1,268,395  -0.2%

    Non-operating:

    Debt service 261,286  251,430  3.9%

    Capital outlay 120,709  82,798  45.8%

    Total 381,995  334,228  14.3%

    Total expenditures 1,648,058  1,602,623  2.8%

    Revenue over (under) expenditures 219,769$ 88,892$

    Working capital 727,717$ 511,272$ 42.3%

    Sewer O&M

    Revenue, Expenditures, and Changes in Work ing Capital Percent

    6/30/2015 6/30/2014 Change

    Revenues

    Operating 2,502,245$ 1,728,143$ 44.8%

    Non-operating 36,331  40,156  -9.5%

    Total 2,538,576  1,768,299  143.6%

    Expenditures

    Operating:

    Salaries and benefits 848 533 756 355 12 2%

    WATER ENTERPRISE OPERATIONS

    SEWER ENTERPRISE OPERATIONS

    The City provides two enterprise services: water and sewer,

    housed administratively within the Public Works Department.

    Through the collection of fees and charges, these funds should

    collect revenues sufficient enough to finance costs associated

    with administration, operations, capital improvements (CIP), and

    debt service.

    Water and sewer activities are accounted for like a business in the

    private sector using the full accrual basis. This is starkly differentthan governmental fund accounting, which uses the modified

    accrual basis and is concerned only with current spendable

    resources, what we call fund balance. Drawing comparisons of

    information between the two methods can be challenging.

    Information presented here is budgetary-based and not GAAP.

    Working capital is defined as the difference between current

    assets and current liabilities. It approximates fund balance in

    governmental funds. In other words, it’s the resources availableto meet ongoing operating, debt service, and capital activities in

    the near term. Non-cash expenses - typically part of full accrual

    accounting - are excluded from this presentation.

    WATER ENTERPRISE 

    Rate adjustments went into effect January 1, 2014. Monthly

    operating revenue from rates reflects this, and the increase from

    a year ago generally is in line with expectation; however, water

    conservations measures appear to have had an effect.

    Expenditures overall are up by 2 8% from the year prior driven by

    ENTERPRISE FUNDS 

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    Q UARTERLY FINANCIAL REPORT FOURTH Q UARTER, 2014-15JANUARY 19, 2016

    Successor Agency Activities

    July 1, 2014 - June 30, 2015

    EXPENSES

    General administration 197,032$

    Debt service 354,948 

    Bond proceed use 33,169 

    Total 585,149$

    July 1, 2014 - June 30, 2015

    Budget Actual

    ADMINISTRATIVE COSTS BY FUNCTION

    Personnel costs 151,664$ 149,506$

    Materials, supplies, and service costs 37,842  18,961 

    Capital outlay 4,373  4,362 

    Overhead 3,153  24,203 

    Total 197,032  197,032 

    SOURCES OF FUNDING

    Administrative cost allowance 197,032  197,032 

    Total 197,032  197,032 

    Funding sufficiency (deficiency) -$ -$

    Successor Agency Administrative Budget to Actual

    The Lakeport Redevelopment Agency was officially dissolved

    February 1, 2012. The City retained the function as the Successor

    Agency to both the housing and non-housing assets for the

    purpose of winding down the former agency’s affairs, while an

    oversight board was established, pursuant to AB1X 26  –  and

    further revised under AB 1484  –  to review and oversee the

    dissolution process.

    The primary duties of the oversight board are to review andapprove a Recognized Obligation Payment Schedule (ROPS),

    dispose of all remaining, former agency assets, and approve an

    administrative budget for the Successor Agency (provided to the

    right).

    Under AB1X 26 and AB 1484, the City as successor agency is due

    an annual administrative cost allowance of $250,000, of which

    only $197,032 was requested in FY 2014-15. As of June 30, 2015,

    the City expended $197,032 of that allowance in the performance

    of dissolution activities identified in the most recent Recognized

    Obligation Payment Schedule (ROPS). Administrative

    expenditures in future periods are expected to be less than

    $200,000 annually.

    REDEVELOPMENT  SUCCESSOR AGENCY ACTIVITIES

    SUCCESSOR AGENCY ADMINISTRATIVE

    BUDGET TO ACTUAL

    SOLID WASTE MANAGEMENT 

    In 2004, the City entered into an agreement with LakeportDisposal, Inc. for the provision of refuse and recycling collection

    services made mandatory for all residents and businesses by the

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    Q UARTERLY FINANCIAL REPORT FOURTH Q UARTER, 2014-15JANUARY 19, 2016

    CITY MANAGEMENT TEAM 

    CITY MANAGER 

    MARGARET SILVEIRA [email protected] 

    CITY CLERK 

    JANEL CHAPMAN 

    IN MEMORIAM 

    FINANCE DIRECTOR 

    DANIEL BUFFALO [email protected] 

    CHIEF OF POLICE 

    BRAD RASMUSSEN 

    [email protected] 

    MARTIN SCHEEL 

    MAYOR AND BOARDS

    CHAIR 

    KENNETH PARLET 

    CITY COUNCIL, REDEVELOPMENT SUCCESSOR AGENCY BOARD, CLMSD BOARD OF DIRECTORS 

    STACEY MATTINA 

    MAYOR PRO TEM

    BOARDS VICE CHAIR 

    MARC SPILLMAN  MIREYA TURNER 

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    Year -End Financial Report

    1

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    CAFRHow to Read

    Delayed implementation◦ Software conversion

    ◦ Issue date scheduled for January 29

    2

    Hi hli h

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    HighlightsCity-Wide

    Funds◦ 35 General (1), water (3), sewer (4), special (22),

    other (5)

    Cash◦ $10.29 million◦ $1.62 in receivables (within 60 days)◦ $780K in payables (due in 30 days)

    GASB 68◦ $6.82 million $4.12 million (misc) $2.70 million (safety)

    3

    Hi hli ht

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    HighlightsCity-Wide (cont)

    4

    Expenditures by Major Category YTD Actual

    Salaries and benefits

    Active employee 3,806,098$

    Retiree 362,196 

    Total 4,168,294 Operations

    Departmental 2,908,013 

    Non-departmental 449,196 

    Total 3,357,209 

    Loans/grants 178,667 Debt service 1,133,350 

    Capital improvements 4,438,405 

    Total 13,275,925$

    Hi hli ht

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    HighlightsCity-Wide (cont)

    Salaries (in thousands)◦ Active

    $3,806

    58 full and part-time, as of 6/30/15◦ Retiree

    $362

    5

    Hi hli ht

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    HighlightsCity-Wide (cont)

    Operations (in thousands)◦ $3,350

    Professional services ($609)

    Heating, cooling and power ($385) Insurance - liability ($373)

    Gas ($61)

    Permit costs ($50)

    Other 

    6

    Hi hli ht

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    HighlightsCity-Wide (cont)

    Debt service◦ $1.13 million

    Water loans

    Sewer bond CLMSD 91-1 Assessment

    RDA bonds

    7

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    HighlightsCity-Wide (cont)

    Capital outlay (in thousands)◦ $4,438

    USDA – water ($2,182)

    USDA – sewer ($272) Docks ($222)

    Vehicles and heavy equipment ($500)

    Various other 

    8

    Hi hli ht

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    HighlightsGeneral Fund

    Revenues are down◦ Sales tax Driven by transportation (gas prices)

    Wind down of triple-flip

    ◦ Property taxes Prop 8 adjustments

    ◦ One-time sources

    Costs continue to rise, driven by:◦ Pension obligations

    ◦ Health insurance premiums

    9

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    General Fund (cont)

    General fund (in thousands):◦ Expenditures over revenues $388

    $306 budgetary surplus $672,355 use of fund balance ($580,126 originally)

    ◦ Fund balance $2,947

    $2,567 available for spending

    $374 in nonspendable fund balance Loans receivable

    Total balance allocated to reserve was 51% ofexpenditures

    10

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    General Fund (cont)

    Top ten revenues make up 80% oftotal GF income

    Down 7% from a year ago

    Biggest decliners:◦ Sales tax

    Cash flow issue (triple-flip)

    ◦ Grants and subventions recognition of payments received from prior

    years

    11

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    General Fund (cont)Top ten general fund revenues compared

    12

     $-

     $200,000

     $400,000

     $600,000

     $800,000

     $1,000,000

     $1,200,000

    YTD 14-15 YTD 13-14

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    General Fund (cont)Top ten general fund revenues compared

    13

    Percent

    Top Ten Revenues Compared YTD 14-15 YTD 13-14 Change

    Sales tax - Bradley-Burns 948,056$ 1,078,173$ -12.1%

    Sales and use tax - Measure I 701,963  736,948  -4.7%

    Property tax 454,422  457,591  -0.7%

    Property tax in lieu of VLF 391,441  396,571  -1.3%

    Property tax in lieu of sales tax 388,586  358,753  8.3%

    Grants and subventions 235,064  395,948  -40.6%

    Franchise Fees 204,994  193,921  5.7%

    Rents and Leases 99,853  106,033  -5.8%

    Business license tax 92,105  65,262  41.1%Permits 81,506  81,490  0.0%

    Total 3,597,989$ 3,870,691$ -7.0%

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    General Fund (cont)

    Revenue v. Expenditures

    14

     -

     1,000,000

     2,000,000

     3,000,000

     4,000,000

     5,000,000

     6,000,000

    FY 09-10 FY 10-11 FY 11-12 FY 12-13 FY 13-14 FY 14-15

    Revenues

    Expenditures

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    General Fund (cont)

    Measure I

    15

    2014-15

    (Estimated)

    2014-15

    (Actual)

    $730,299 $701,962

    Cost

    General

    Fund Share

    (Actual)

    Other

    Financing

    Sources

    (Actual) Measure I Share

    Total

    Funding

    Parallel Driv e Chip Seal $ 365,370 $ 203,340 $ - $ 100,392 $ 203,340Lakeshore Blv d HSIPL (Safety) 161,700 - 792 - 792

    Lakeshore Blv d ER Project 68,000 - 23,769 - 23,769

    Roadw ay repairs and maintenance 50,000 56,457 - 27,874 56,457

    Park Street PS&E rehab 25,000 - - - -

    Lakeport Blv d mill and fill 25,000 49,647 - 24,512 49,647

    Docks, Library Park 250,000 222,711 - 109,956 222,711

    ADA projects 15,000 4,983 - 2,460 4,983

    Heated bunker for Hydro Patch 28,000 - - - -

    Card lock fuel management system 28,000 - - - -

    Trailer Mounted Air Compressor and Attachments 25,000 7,350 14,700 3,629 22,050

    Public Works: Streets 850,980 563,759 24,399 278,337 588,158

    Public Works: Parks 259,543 262,267 - 129,486 262,267

    Westshore Pool 63,505 51,277 - 25,316 51,277

    2,215,098$ 1,421,791$ 63,660$ 701,962$ 1,485,451$

    Fiscal Year 2014-15 Recommended Uses and

    Projects

    Revenue

    Measure I: Transaction and Use Tax

    Highlights

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    HighlightsEnterprise Funds

    Water O&M: Revenues up 8.4%

    Expenditures up 2.8%

    Working capital: $695K

    Water conservation having effect

    16

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    Enterprise Funds (cont)Water Operations

    17

    Water O&M

    Revenue, Expendi tures, and Changes in Working Capi tal Percent

    6/30/2015 6/30/2014 Change

    Revenues

    Operating 1,826,264$ 1,690,781$ 8.0%

    Non-operating 7,901  734  976.4%

    Total 1,834,165  1,691,515  108.4%

    ExpendituresOperating:

    Salaries and benefits 739,864  748,673  -1.2%

    Materials, supplies and service costs 526,199  519,722  1.2%

    Total 1,266,062  1,268,395  -0.2%

    Non-operating:

    Debt service 261,286  251,430  3.9%

    Capital outlay 120,709  82,798  45.8%

    Total 381,995  334,228  14.3%Total expenditures 1,648,058  1,602,623  2.8%

    Revenue over (under) expenditures 186,107$ 88,892$

    Working capital 695,778$ 511,272$ 36.1%

    Highlights

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    HighlightsEnterprise Funds (cont)

    Sewer O&M: Revenues up 42.3%

    Much stronger than anticipated due to commercialusage

    Expenditures up 45.1% Driven by capital projects (up 684% or $574K – not

    including USDA)

    Working capital: $1.56 million

    Capital reserves strengthening further 

    18

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    Enterprise Funds (cont)Sewer Operations

    19

    Sewer O&M

    Revenue, Expendi tures, and Changes in Working Capi tal Percent

    6/30/2015 6/30/2014 Change

    Revenues

    Operating 2,458,383$ 1,728,143$ 42.3%

    Non-operating 39,922  40,156  -0.6%

    Total 2,498,305  1,768,299  141.3%

    ExpendituresOperating:

    Salaries and benefits 848,533  756,355  12.2%

    Materials