040516 lakeport city council agenda packet

8/18/2019 040516 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.

CLOSED SESSION: 5:30 P.M.

Conference with Real Property Negotiator (Government Code § 54956.8):

Property Address: Utility Easement concerning 818 Lakeport Blvd, Lakeport (AP

025-472-05); Agency Negotiator: Margaret Silveira, City Manager; Negotiating

Parties: City of Lakeport and Matt Riveras; Under Negotiation: Price and Terms

Payment

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

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 bthe Council at one time without any discussion. Any Council Member may request that any item be removed fro

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 3693

B. Minutes: Approve minutes of the regular City Council meeting of March 15, 2016.

C. Warrants: Approve the warrant registers of March 17, 2016 and March 30, 2016.

D. Application 2016-006: Approve Application No. 2016-006 with staff recommendations for the annual

Lake County Aids Walk to be held on September 10, 2016.

E. Application 2016-007: Approve Application 2016-007 with staff recommendations for the annual Wo

& Glory Classic Boating Event to be held in Library Park on June 5, 2016.

F. Application 2016-008: Approve Application 2016-008 with staff recommendations for the Walk Talk

Autism event to be held at the Library Park Gazebo on April 30, 2016.

G. Application 2016-009: Approve Application 2016-009 with staff recommendations for the League of

California Cities, Redwood Empire Division Meeting Reception to be held at the

Lakeport Yacht Club lawn on May 20, 2016.

H. PEG TV Agreement Amendment #1: Approve an amendment to the agreement between the City of Clearlake, City

Lakeport and the County of Lake relative to operation of a local public,educational, governmental cable television channel, referred to as the PEG

Channel.

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

Citizen’s 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 e xpress a consensus of approval or disapproval on any public comments regarding matters

which do not appear on the printed agenda.

B. Proclamation: Presentation of a Proclamation designating the Month of April, 2015, as Sexua

Assault Awareness Month.

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

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

AGENCY TO THE LAKEPORT REDEVELOPMENT AGENCY) Tuesday, April 5, 2016

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


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City Council Agenda of April 5, 2016 Page 2

C. Proclamation: Presentation of a Proclamation designating the Month of April, 2016, as Child

Abuse Prevention Month.

D. Presentation: Presentation by Chief of Police regarding Police Department volunteer hours in

2015.

VI. COUNCIL BUSINESS:

A. City Clerk

1. Ordinance Introduction: Introduce an Ordinance of the City Council of the City of Lakeport Amending

Chapter 2.22 of Title 2 of the Lakeport Municipal Code Regarding the Traffic

Safety Advisory Committee and set a public hearing for April 19, 2016.

B. Community Development Director

1. Bid Award: Lakefront

Revitalization Planning Grant

Approve the Professional Services Agreement between the City of Lakeport an

the Design Workshop, Inc. for the development and implementation of the

Lakeport Lakefront Revitalization Plan (LLRP) and authorize the City Manager t

sign the agreement on behalf of the City of Lakeport.

C. Finance Director

1. Request for Proposals (RFP): Consider preparation for a possible revenue ballot measure and authorize staf

to issue two Requests for Proposal (RFP) to:

1. Select a consultant to assist with a feasibility assessment and

2.

Select a consultant to develop and implement an education and

outreach program.

VII. CITY COUNCIL COMMUNICATIONS:

A. Miscellaneous Reports, if any:

VIII. 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

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

staff’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/orparticipate 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, Deputy City Clerk

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


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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: Mayor Spillman called the regular meeting of the City Council of the City of

Lakeport to order at 6:01 with Council Members Turner, Mattina, and Scheel

present. Council Member Parlet arrived at 6:02 p.m.

II. PLEDGE OF ALLEGIANCE: The pledge of allegiance was led by Brian Marland

III. ACCEPTANCE OF AGENDA: Mayor Spillman proposed two amendments to the agenda:

1. Move Item IV.B. to the first item of Council Business

2.

Move Chief Rasmussen’s Miscellaneous Report up to directly precede

the Council Business section of the Agenda so that he can introduce th

new Police Trainees at that time.

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

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

Urgency Items: There were no urgency items.

IV. CONSENT AGENDA:

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

meeting for either introduction or passage per Government Code Section 3693

B. Minutes: Approve minutes of the special City Council meeting of February 26, 2016, and

the regular City Council meeting of March 1, 2016.

C. Warrants: Approve the warrant register of March 4, 2016.

D. Westshore Pool: Adopt a resolution providing ranges of pay for seasonal pool classifications.

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

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

Items A-D.

V. PUBLIC PRESENTATIONS/REQUESTS:

A. Citizen Input: There was no citizen's input.

B. Presentation: Brian Marland of the Sonoma Economic Development Board presented the Lak

County Economic Profile Report that had been compiled by Napa-Lake

Workforce Investment Board. Jim Cassio of the Board was unable to attend as

planned.

C. Presentation: Mayor Spillman presented the Government Finance Officers Association’s

Distinguished Budget Presentation Award to Finance Director Buffalo, who

accepted the award on behalf of the City Lakeport Finance Department.

Introduction of Trainees Chief Rasmussen introduced new Officer Trainees Dale Hoskins and Andrew

Welter. He advised they will officially begin employment with the City on Mar

28, 2016.

VI. COUNCIL BUSINESS:

A. Finance Director

1.

Solar Financing Options Special Projects Consultant Mike Adams gave a Power Point presentation

updating the progress on the Solar Project.

Finance Director Buffalo presented a staff report outlining financing options fo

MINUTESREGULAR MEETING OF THE LAKEPORT CITY COUNCIL

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

MUNICIPAL FINANCING AGENCY OF LAKEPORT and THE SUCCESOR AGENCY TO THE LAKEPORT REDEVELOPMENT AGENCY) Tuesday, March 15, 2016

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


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City Council Minutes of March 15, 2016 Page 2

the procurement a solar facility.


Mattina, and unanimously carried by voice vote to select financing Option 2* f

the procurement of a solar facility and direct staff to negotiate terms with the

most suitable financier.

*Option 2: 82% Prepaid Power Purchase Agreement (PPA) with buyout.

2.

AB1600 User Fee Report Finance Director Buffalo presented the staff report regarding the annual AB16

User Fee Report.

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

Scheel, and unanimously carried by voice vote to adopt the proposed resolutio

to reaffirm the necessity of AB 1600 development impact fees.

3. Municipal Financing Agency of

Lakeport

Finance Director Buffalo presented the staff report regarding establishing the

regular meeting dates of the Municipal Financing Agency of Lakeport.

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

Turner, and unanimously carried by voice vote to adopt the proposed resolutio

establishing regular meeting dates of the Municipal Financing Agency of Lakep

B. City Manager

1. Shakespeare in the Park John Tomlinson from the Mendocino College Theatre Department gave a

presentation on the inaugural Northern California Shakespeare Festival to take

place on July 30th

& 31st

, 2016.

There will be a Facebook page for Mendocino College presents Shakespeare at

the Lake.

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

Turner, and unanimously carried by voice vote to conditionally approve an eve

application for the Northern California Shakespeare Festival to take place in

Library Park on July 30th and 31st, 2016.

C. Compliance Officer

1. CalRecycle Grant Public Works Director Brannigan presented the staff report regarding the

Beverage Container Recycling Payment Program.


Parlet, and unanimously carried by voice vote to adopt the proposed Resolutio

authorizing the City Manager to submit payment requests related to the

administration of the Beverage Container Recycling Payment Program.

VII. CITY COUNCIL COMMUNICATIONS:

A. Miscellaneous Reports, if any: City Manager Silveira had no report.

City Attorney Ruderman had no report.

Public Works Director Brannigan gave an update on storm damage, reporting

that a few trees down, the docks doing well, and the break in the weather is

helpful.

Mayor Spillman complimented the hard work done by the Public Works

Department.

Finance Director Buffalo had no report.

Chief Rasmussen had previously introduced the new Officer Trainees, and

commented on a second Recruitment effort that has also yielded qualified

candidates who were already Academy trained.

Community Development Director Ingram nothing to report

Council Member Turner had no report.


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City Council Minutes of March 15, 2016 Page 3

Council Member Mattina reported on the City’s participation at the LUSD Care

Fair. The student reviews of the staff presentations were very favorable. She

be attending the LAFCo meeting tomorrow.

Council Member Parlet had no report.

Council Member Scheel thanked staff for attending Career Day. There will be

Chamber of Commerce mixer at TNTs tomorrow,

Mayor Spillman is ready for spring.

VIII. ADJOURNMENT: The meeting was adjourned by Mayor Spillman at 7:37 p.m.

_______________________________________

Marc Spillman, Mayor

ATTEST:

_____________________________________

Hilary Britton, Deputy City Clerk


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

CITY OF LAKEPORT

Over 125 years of community

pride, progress and service

March 30, 2016

I hereby certify that the attached list of warrants has been audited,

extensions are proper, purchase orders have been issued, and department

heads have been given the opportunity to review and sign claim forms.

______________________________

Daniel Buffalo

Finance Director


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/17/2016 1:41:50 PM Page

Check RegistLakeport, CA Packet: APPKT00180 - 03-17-16 WARRA

By Check Nu

endor Number Vendor Name Payment Amount NumberPayment TypePayment Date Discount Amount

ank Code: AP BANK-AP BANK

0108 ACME RIGGING & SUPPLY COMPANY 03/17/2016 48865303.11Regular 0.00

404 ADAMS ASHBY GROUP, LLC. 03/17/2016 488664,855.00Regular 0.000371 ALPHA ANALYTICAL LABORATORIES 03/17/2016 488671,495.00Regular 0.00

**Void** 03/17/2016 488680.00Regular 0.00

271 ANDREW BRITTON 03/17/2016 48869688.86Regular 0.00

0123 AQUA PRODUCTS 03/17/2016 4887019.44Regular 0.00

0109 ARAMARK UNIFORM SERVICES 03/17/2016 48871118.94Regular 0.00

590 AT&T 03/17/2016 48872152.39Regular 0.00

351 AT&T 03/17/2016 48873786.94Regular 0.00

0127 CLEARLAKE REDI-MIX INC. 03/17/2016 48874158.03Regular 0.00

634 CNOA 03/17/2016 4887590.00Regular 0.00

778 COLANTUANO, HIGHSMITH & 03/17/2016 488766,741.60Regular 0.00

124 COMMUNITY DEVELOPMENT SERVICE 03/17/2016 488773,937.50Regular 0.00

685 CONDOR EARTH TECHNOLOGIES INC. 03/17/2016 48878577.50Regular 0.00

0130 COUNTY OF LAKE-ANIMAL CONTROL 03/17/2016 48879593.50Regular 0.00

0128 COUNTY OF LAKE-PUBLIC WORKS 03/17/2016 48880412.27Regular 0.00277 DAN BUFFALO 03/17/2016 48881186.99Regular 0.00

331 DEEP VALLEY SECURITY 03/17/2016 48882397.95Regular 0.00

543 ENTERPRISE RENT-A-CAR 03/17/2016 48883129.74Regular 0.00

080 FED EX 03/17/2016 4888498.95Regular 0.00

827 G & G PRINTING SERVICES 03/17/2016 4888532.40Regular 0.00

0268 HACH CHEMICAL COMPANY 03/17/2016 488863,128.32Regular 0.00

373 HAINES & COMPANY, INC. 03/17/2016 48887241.18Regular 0.00

015 HOME DEPOT CREDIT SERVICES 03/17/2016 48888944.78Regular 0.00

109 INTERSTATE ALL BATTERY CENTER 03/17/2016 4888952.17Regular 0.00

045 JASON FERGUSON 03/17/2016 48890162.00Regular 0.00

130 KELLEY DONALDSON 03/17/2016 48891289.10Regular 0.00

0364 LAKE COUNTY ELECTRIC SUPPLY 03/17/2016 48892768.42Regular 0.00

0183 LAKE COUNTY RECORD BEE 03/17/2016 488931,589.61Regular 0.00

0175 LAKEPORT TIRE & AUTO SERVICE 03/17/2016 4889420.00Regular 0.00043 LEXIS NEXIS RISK SOLUTIONS 03/17/2016 4889530.00Regular 0.00

758 LINDA SOBIERAJ 03/17/2016 4889657.00Regular 0.00

448 MARK CLEMENTI, PH.D. 03/17/2016 488971,250.00Regular 0.00

558 MARTHA HUERTA 03/17/2016 48898142.00Regular 0.00

0354 MEDIACOM 03/17/2016 48899235.85Regular 0.00

121 MUNI SERVICES 03/17/2016 48900300.00Regular 0.00

157 NORTHERN CALIFORNIA GLOVE 03/17/2016 4890171.83Regular 0.00

899 OE PUBLIC & MISC EE'S 03/17/2016 4890221,882.00Regular 0.00

067 OFFICE DEPOT 03/17/2016 48903107.99Regular 0.00

0387 PACE ENGINEERING, INC. 03/17/2016 4890468,625.70Regular 0.00

0113 PACE SUPPLY #03391-00 03/17/2016 489051,372.72Regular 0.00

0217 PG&E VO248104 03/17/2016 48906226.67Regular 0.00

618 PITNEY BOWES PURCHASE POWER 03/17/2016 489071,149.60Regular 0.00

130 POLESTAR COMPUTERS 03/17/2016 489081,829.74Regular 0.00

187 PUBLIC SAFETY TRAINING CENTER 03/17/2016 48909120.00Regular 0.00

0226 R.E.M.I.F. 03/17/2016 48910881.00Regular 0.00

396 RICOH, USA 03/17/2016 48911680.58Regular 0.00

473 ROGERS' GLASS 03/17/2016 48912162.55Regular 0.00

022 RON LADD 03/17/2016 4891371.00Regular 0.00

156 SECRETARY OF STATE 03/17/2016 489141.00Regular 0.00

0400 SIERRA CHEMICAL COMPANY 03/17/2016 48915863.87Regular 0.00

826 SONOMA MEDIA INVESTMENTS, LLC. 03/17/2016 48916449.80Regular 0.00

035 SUTTER LAKESIDE HOSPITAL 03/17/2016 489171,589.00Regular 0.00

177 TOM CARLTON 03/17/2016 48918876.98Regular 0.00


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heck Register Packet: APPKT00180-03-17-16 WARR

/17/2016 1:41:50 PM Page


119 TRI-CITIES ANSWERING SERVICE 03/17/2016 48919157.04Regular 0.00

763 UKIAH FORD 03/17/2016 48920182.37Regular 0.00

802 UNION BANK, N.A. 03/17/2016 4892160,579.46Regular 0.00

302 UNIVAR USA INC. 03/17/2016 489224,880.01Regular 0.00

310 USA BLUE BOOK 03/17/2016 48923413.13Regular 0.00

109 VERIZON WIRELESS 03/17/2016 48924162.35Regular 0.00

126 WESTERN ALLIANCE BANK 03/17/2016 4892593,951.57Regular 0.00

Regular Checks

Manual Checks

Voided Checks

Discount

Payment

CountPayment Type

Bank Code AP BANK Summary

Bank Drafts

EFT's

60

0

1

0

0

0.00

0.00

0.00

0.00

0.00

61 0.00

Payment

292,274.50

0.00

0.00

0.00

0.00

292,274.50

Payable

Count

124

0

0

0

0

124


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Page /17/2016 1:41:50 PM

Fund Name AmountPeriod

Fund Summary

998 POOLED CASH 292,274.503/2016

292,274.50


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/30/2016 6:50:00 PM Page

Check RegistLakeport, CA Packet: APPKT00185 - 03-30-16 WARRA

By Check Nu


ank Code: AP BANK-AP BANK

404 ADAMS ASHBY GROUP, LLC. 03/30/2016 489283,910.00Regular 0.00

0371 ALPHA ANALYTICAL LABORATORIES 03/30/2016 48929172.00Regular 0.000109 ARAMARK UNIFORM SERVICES 03/30/2016 489301,744.70Regular 0.00

**Void** 03/30/2016 489310.00Regular 0.00

351 AT&T 03/30/2016 48932156.91Regular 0.00

590 AT&T 03/30/2016 48933190.00Regular 0.00

034 BAILEY'S, INC. 03/30/2016 4893442.98Regular 0.00

112 BAY AREA BARRICADE SERVICE 03/30/2016 48935843.15Regular 0.00

690 CANON SOLUTIONS AMERICA 03/30/2016 4893691.10Regular 0.00

189 CAREER TRACK 03/30/2016 48937249.00Regular 0.00

032 CODE SOURCE 03/30/2016 48938690.00Regular 0.00

108 CRAWFORD & ASSOCIATES, INC. 03/30/2016 4893987,827.53Regular 0.00

127 DEPT OF JUSTICE 03/30/2016 48940105.00Regular 0.00

0144 DUNKEN PUMPS 03/30/2016 489414.62Regular 0.00

804 ESRI 03/30/2016 489423,300.00Regular 0.00

982 EUREKA OXYGEN COMPANY 03/30/2016 48943268.60Regular 0.00421 FERRELLGAS 03/30/2016 48944561.23Regular 0.00

0167 INTERSTATE BATTERY SYSTEM 03/30/2016 48945104.56Regular 0.00

596 JOSEPH EASTHAM 03/30/2016 4894633.00Regular 0.00

146 KELSEYVILLE LUMBER 03/30/2016 4894767.22Regular 0.00

465 KEVIN ODOM 03/30/2016 4894828.95Regular 0.00

190 LAKE COUNTY BUSINESS OUTREACH & 03/30/2016 4894945,000.00Regular 0.00

0364 LAKE COUNTY ELECTRIC SUPPLY 03/30/2016 4895093.74Regular 0.00

139 LAKE COUNTY LOCK & SAFE 03/30/2016 4895157.78Regular 0.00

266 LEE'S SPORTING GOODS 03/30/2016 4895248.60Regular 0.00

585 LIEBERT CASSIDY WHITMORE 03/30/2016 48953122.50Regular 0.00

614 MATT HARTZOG 03/30/2016 48954134.00Regular 0.00

208 MENDO MILL & LUMBER CO. 03/30/2016 489551,093.80Regular 0.00

162 MERCER-FRASER 03/30/2016 48956218,970.66Regular 0.00

701 MICHAEL SOBIERAJ 03/30/2016 4895733.00Regular 0.000187 NAPA AUTO - LAKE PARTS 03/30/2016 48958477.31Regular 0.00

389 NATE'S ELECTRIC 03/30/2016 48959689.46Regular 0.00

157 NORTHERN CALIFORNIA GLOVE 03/30/2016 489601,197.73Regular 0.00

899 OE PUBLIC & MISC EE'S 03/30/2016 4896113,450.00Regular 0.00

191 O'MEARA BROTHERS BREWING CO. 03/30/2016 4896225,000.00Regular 0.00

0113 PACE SUPPLY #03391-00 03/30/2016 48963717.18Regular 0.00

228 PAVEMENT ENGINEERING INC. 03/30/2016 489642,998.75Regular 0.00

053 PEOPLE SERVICES, INC. 03/30/2016 48965345.00Regular 0.00

116 PETERSON 03/30/2016 48966204.60Regular 0.00

0217 PG&E VO248104 03/30/2016 4896723,856.69Regular 0.00

117 PITNEY BOWES 03/30/2016 48968155.87Regular 0.00

179 S & K AUTOMOTIVE & TOWING 03/30/2016 48969320.00Regular 0.00

599 SHN CONSULTING ENGINEERS & GEO 03/30/2016 489701,385.00Regular 0.00

383 SHRED-IT USA LLC 03/30/2016 4897142.67Regular 0.00

035 SUTTER LAKESIDE HOSPITAL 03/30/2016 4897235.00Regular 0.00

188 THOMAS ASSOCIATES 03/30/2016 48973750.00Regular 0.00

109 VERIZON WIRELESS 03/30/2016 48974152.92Regular 0.00


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/30/2016 6:50:00 PM Page


0164 WESTGATE PETROLEUM CO., INC. 03/30/2016 48975971.78Regular 0.00

Regular Checks

Manual Checks

Voided Checks

Discount

Payment

CountPayment Type

Bank Code AP BANK Summary

Bank DraftsEFT's

47

0

1

00

0.00

0.00

0.00

0.000.00

48 0.00

Payment

438,694.59

0.00

0.00

0.000.00

438,694.59

Payable

Count

81

0

0

00

81


12/171


Page /30/2016 6:50:00 PM

Fund Name AmountPeriod

Fund Summary

998 POOLED CASH 438,694.593/2016

438,694.59


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From: [email protected]

To: Hilary Britton

Subject: Re: Application 2016-007 Wood & Glory XVIII

Date: Tuesday, March 22, 2016 12:52:45 PM

Attachments: image003.png

No Police Concerns

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

-----Original Message-----From: Hilary Britton [mailto:[email protected]]Sent: Friday, March 18, 2016 03:59 PMTo: Amanda Frazell ([email protected]),Cheryl Bennett ([email protected]), 'Cynthia Ader', 'Daniel Chance','Doug Grider', 'Executive Management', 'Gary Basor', 'Jason Ferguson', 'Jim Kennedy','Linda Sobieraj', Lori Price ([email protected]),Mark Wall ([email protected]), 'Mike Sobieraj',

Pheakdey Preciado ([email protected]), 'Rebekah Dolby', 'Ron Ladd',Tina Rubin ([email protected])Subject: Application 2016-007 Wood & Glory XVIII

Hi all, Please find attached application 2016-007 for Wood & lory XVIII to be held June 5, 2016, Library Park, for your review. We would like to submit this for the Council?s consideration at the April 5, 2016 meeting, so please have your comments back to me no later than March 30, 2016. Please note that the applicant did not submit a map. I will forward their map when I receive it. As always, thank you for your input and comments.

Hilary Britton

Deputy City Clerk

City of Lakeport225 Park Street

Lakeport, CA 95453

(707) 263-5615 x43

[email protected]

mailto:[email protected]:[email protected]:[email protected]://cp.mcafee.com/d/1jWVIidEIfLe3D6nS3tPqdQTCkTzhOUedETjupjd7dQkjqdQTCkTzhOUYrhKCY-ej7cECOp2cFPH05mBcJlQ_iLHlzfBPtFjbltfQHWRoPVsSCYDGbHz_nVNZZNW_nKnjjuhV5BxMs-NORQr8EGEThVkffGhBrwqrjdFCXYDuZXTLuZPtPo0eQFBGKDWlZqIpYLxIht-95KBo0E_iLHlzdqFYHvM04SOCMY-r1vF6y0gmmfBrpOH0Qg9ThsbTKed402RGwq86zh04zWNb6y01wO6xEqropdVqrihttp://cp.mcafee.com/d/5fHCNAe6x0edEIfLe3D6nS3tPqdQTCkTzhOUedETjupjd7dQkjqdQTCkTzhOUYrhKCY-ej7cECOp2cFPH05mBcJlQ_iLHlzfBPtFjbltfQHWRoPVsSCYDGbHz_nVNZZNW_nKnjjuhV5BxMs-NORQr8EGEThVkffGhBrwqrhdFCXYDuZXTLuZPtPpesRG9pxjDtJV2JiLbUJF7Wo9iCmbRtbxniLHlzf4krK8CzBBVUQsLcEzDzoyXYibtaM1h-BvmH6qRjVm_w09JBdxVYS2_id40wIIvaSPBm1EwjKyUnLssq805Hl0Qgd6y097Rymd4031Ad3gQSMOrDN5Fmailto:[email protected]:[email protected]:[email protected]


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From: [email protected]

To: Hilary Britton

Subject: Re: Application 2016-008 Walk Talk Autism

Date: Tuesday, March 22, 2016 12:54:48 PM


No police concerns.

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

-----Original Message-----From: Hilary Britton [mailto:[email protected]]Sent: Friday, March 18, 2016 04:01 PMTo: Amanda Frazell ([email protected]),Cheryl Bennett ([email protected]), 'Cynthia Ader', 'Daniel Chance','Doug Grider', 'Executive Management', 'Gary Basor', 'Jason Ferguson', 'Jim Kennedy','Linda Sobieraj', Lori Price ([email protected]),Mark Wall ([email protected]), 'Mike Sobieraj',

Pheakdey Preciado ([email protected]), 'Rebekah Dolby', 'Ron Ladd',Tina Rubin ([email protected])Subject: Application 2016-008 Walk Talk Autism

i all, Please find attached application 2016-008 for the Walk Talk Autism event to be held April 30, 2016, in Library Park, for your review. We would like to submit this for the Council?s consideration at the April 5, 2016 meeting, so please have your comments back to me no later than March 30, 2016. As always, thank you for your input and comments. Hilary Britton

Deputy City Clerk

City of Lakeport

225 Park Street

Lakeport, CA 95453

(707) 263-5615 x43

[email protected]

Thi s emai l checked wi t h McAf ee SaaS.

mailto:[email protected]:[email protected]:[email protected]://cp.mcafee.com/d/avndzgO720wrhovus7ec3zhOrKrhKCYOCYqen1NJ6WrPapEVKyyrhKCYOCYqen7zqdQTDNOoVB4Sj8hBeto0GQFBGKDWlZqIpYKrJapqHF-BvmH6vbC_tjR5RN_HYC_td-Z-LsKCyqekuod7bP3XxEVVqWtAklrFIYG7DR8OJMddFCQPt-jLuZXTLuVKVI07qkORnjZa-Jmc-nMS8K_4yTiI0kvFnRGNCJk-lLU02rpjhovdwLQzh08bb7OJIVlwq84XEK5XTud402Wuld409QYGq811KsGaCy0SMCrWoiDhttp://cp.mcafee.com/d/avndygs96Qm7TD1Pz0UQsCXCQrFLcFL6zBMsrhKCYOCqerEECQrFLcFL6zBNUSztdVYsCephdAO4pjDm0aJapqHF-BvmH6vbCXiCmGWvFnRGNDOVLTkZhtsvW_9LTjvLvHTbFECzB7C3hOYM-UqeumKDp55mWrfaxVZicHs3jq9JcTvAXTLuZXTKrKr9PCJhbcasXJL8lGlVv5J8_j1akONuHFsaWlZqIpUyztN4QsILf6zBVB4sYr4nvyhrFm0afQHWRoPmGvaTY01dIFEIfCMnWhEw45BzVmSsGMd42tQn2ZXL6y01tfaCy04Wuld40wTel5jh0rojdQgw7mailto:[email protected]:[email protected]:[email protected]


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From: Lori Price

To: Hilary Britton

Subject: RE: Application 2016-009 - City of Lakeport League Division Meeting

Date: Tuesday, March 22, 2016 11:47:23 AM


Good morning Hilary,

Thank you for the opportunity to review and comment on the above subject property usage permit

application. It does not appear that this event will impact County roads. I have no comments or

conditions to add to this application/permit.

Thank you,

Lori Price

Secretary III

Lake County Department of Public Works

255 N. Forbes Street, Rm 309

Lakeport, CA 95453

(707) 263-2341

[email protected]

From: Hilary Britton [mailto:[email protected]]Sent: Monday, March 21, 2016 10:58 AMTo: Dean Eichelmann; Cheryl Bennett; Cynthia Ader; Daniel Chance; Doug Grider; Executive Management; Gary Basor; Jason Ferguson; Jim Kennedy; Linda Sobieraj; Lori Price; Mark Wall ([email protected]); Mike Sobieraj; Pheakdey Preciado; Rebekah Dolby; Ron Ladd; Tina RubinSubject: Application 2016-009 - City of Lakeport League Division Meeting

Hi All, Please find attached application 2016-009 for the League ivision Meeting Reception hosted by the City of Lakeport on May 20, 2016 for your review and comments. We would like to submit this to the City Council at the April 5, 2016 meeting, so please have your comments back to me by March 29, 2016. Thank you for your comments and input.

Hilary BrittonDeputy City Clerk

City of Lakeport

225 Park Street

Lakeport, CA 95453

(707) 263-5615 x43

[email protected]

mailto:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]


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Proclamation

OF THE CITY COUNCIL OF THE CITY OF LAKEPORT

WHEREAS, in 2015, Lake County agencies responded to the needs of at least 227 sexual assault victims andtheir significant others and/or family members; and

WHEREAS, no one person, organization, agency or community can eliminate sexual assault on their own andthe partnership between public and private Lake County agencies is invaluable; and

WHEREAS, child sexual abuse prevention must be a priority to confront the reality that one in six boys and

one in four girls will experience a sexual assault before the age 18 (Dube et al., 2005).; and

WHEREAS, Lake Family Resource Center has been instrumental in leading the way in the County of Lake inaddressing sexual assault by providing 24-hour hotline services, continuing support, advocacy and accompanimentto victims/survivors and their significant others; and

WHEREAS, ending sexual assault in Lake County must include active public and private efforts to Speak OutAgainst Sexual Violence; and it is time for all of us to start conversations, take appropriate action and support oneanother to create a safer environment for all residents; and

WHEREAS, staff and volunteers of the Lake Family Resource Center Rape Crisis Center work year round toencourage every person to Speak Out Against Sexual Violence and to support survivors by providing prevention

education and survivor empowerment information; and

WHEREAS, Lake Family Resource Center and the District Attorney’s office, Victim-Witness Division, local lawenforcement agencies, hospitals and schools have set an important example of how forging collaborativerelationships improves the quality of service for those impacted by sexual violence; and

NOW, THEREFORE, BE IT PROCLAIMED that the Mayor of the City of Lakeport does hereby designate themonth of April, 2016, as

Sexual ssault wareness Month

in the City of Lakeport; April 5th as the Sexual Assault Awareness Day of Action in the City of Lakeport; and urges alllocal governments, schools, businesses and community members to participate in the sponsored events this monthto increase awareness and public support for creating communities free from violence and exploitation.

_________________________________Marc Spillman, Mayor


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Proclamation

OF THE CITY COUNCIL OF THE CITY OF LAKEPORT

WHEREAS, approximately three million children are reported abused and neglected in the United States

each year; and

WHEREAS, child abuse prevention is a community problem and finding solutions depends on the

involvement of people throughout the community; and

WHEREAS, effective child abuse prevention programs succeed because of partnerships created amongsocial service agencies, schools, religious and civic organizations, law enforcement agencies, and the business

community; and

WHEREAS, local initiatives to prevent child abuse include: The Snuggle Nest Project, Nurturing Families

Program, Differential Response, Infant Massage, Motherwise, the Family Home Visitation Programs; and Trauma

Informed Care Workshops and Education

WHEREAS, all citizens should become more aware of the effects of child abuse and its prevention, and more

supportive of parents raising their children in safe and nurturing environments.

NOW, THEREFORE, the Mayor of the City of Lakeport does hereby proclaim April 2016, as

Child buse Prevention Month

in Lakeport and calls upon its citizens, community agencies, religious organizations, medical facilities, and businesses

to increase their participation in our efforts to prevent child abuse, thereby strengthening the community in which

we live.

_________________________________

Marc Spillman, Mayor


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City Council

City of Lakeport Municipal Sewer DistrictLakeport Redevelopment Successor Agency Lakeport Industrial Development Authority

Municipal Financing Agency of Lakeport

STAFF REPORT

RE: Adoption of Ordinance Related to the Traffic Safety Advisory

Committee

MEETING DATE: 04/05/2016

SUBMITTED BY: Kelly Buendia, City Clerk

PURPOSE OF REPORT: Information only Discussion Action Item

WHAT IS BEING ASKED OF THE CITY COUNCIL/BOARD:

The City Council is asked to introduce a proposed ordinance regarding the Traffic Safety Advisory Committee and

set a public hearing for April 19, 2016.

BACKGROUND/DISCUSSION:

The Traffic Safety Advisory Committee (TSAC) was established in 1991 to make recommendations to the City

Council regarding traffic safety, pedestrian safety, and parking. During recent staffing fluctuations, committee

activities were frozen for a period of time and the terms of commissioners lapsed. When the City Clerk’s office

began to recruit the positions, it was discovered that the ordinance contained language that was making the

positions more difficult to recruit. After further review, staff identified other areas in the ordinance wheregreater efficiency could be achieved.

Attached to this report is the ordinance in strikethrough format. In summary, there are three areas that staff is

recommending modifications:

1. Recruitment Barriers: Staff is recommending the removal of language that requires members to have a

background in traffic safety or familiarity with the Vehicle Code. Further staff recommends the removal

the non-voting member who is a member of the insurance industry. With volunteerism at an all-time

low, these changes will allow staff to collect all applications and Council to select the most qualified. It

would also reduce the size of the board from six volunteers to five.

2. Recruitment Inefficiencies: The requested modifications will allow the Council to establish the terms of service by Resolution. This will enable staff to request that all Commissions and Committees have terms

ending in December, which allows the City Clerk’s office to focus on more concentrated recruitment

efforts once a year rather than multiple times a year. A draft resolution is attached to this staff report

that will be submitted for approval of the City Council upon adoption of the ordinance changes.

3. Operational Inefficiencies: The proposed changes will allow the City Manager to appoint the

appropriate support staff and allow for a staff liaison to call meetings as needed, rather than meeting

once a month. With staffing changes, it is prudent to allow the City Manager to assign appropriate staff.

While the City Engineer, Police Chief, Public Works Director, and City Clerk are not inappropriate staff

Meeting Date: 04/05/2016 Page 1 Agenda Item #VI.A.1.

CITY OF LAKEPORT


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selections, the City Manager may have more appropriate bodies or may not be able to spare all those

positions for TSAC activities. Since 2009, TSAC has averaged four meetings a year and some of those

only had one agenda item or were to conduct business such as electing officers. Staff would set

meetings as issues arise. This would also help to manage expectations of the committee for more

frequent meetings.

OPTIONS:

The Council could reject or amend 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:

SUGGESTED MOTIONS:

Move to introduce an Ordinance of the City Council of the City of Lakeport Amending Chapter 2.22 of Title 2 of

the Lakeport Municipal Code Regarding the Traffic Safety Advisory Committee and set a public hearing for April19, 2016.

Attachments: 1. Proposed Ordinance Strikethrough

2. Proposed Ordinance

Meeting Date: 04/05/2016 Page 2 Agenda Item #VI.A.1.


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Lakeport Municipal Code

Chapter 2.22 TRAFFIC SAFETY ADVISORYCOMMITTEE

Page 1/2

Chapter 2.22

TRAFFIC SAFETY ADVISORY COMMITTEE

Sections:

2.22.010 Committee established--Composition.

2.22.020 Terms of committee members--Vacancies and compensation.2.22.030 Organization of commission--Meetings, officers, minutes.

2.22.040 Powers and duties.


There is established a traffic safety advisory committee of nine members consisting of the following persons:

A. Five voting members, citizens-at-large, who are residents of the city, to be appointed by the city council on the basis of interest and qualification. Two of the voting members shall have a background in traffic safety and/or have a

familiarity with the California Vehicle Code.

B. The Ccity Mmanager shallmay appointdesignate appropriate city staff members and a city staff liasonliaison tocoordinate the activities of the committee. Any such city staff members or liaison shall be ex officio members of the

traffic safety advisory committee and shall have no right to vote or make motions.

B. One nonvoting member from the automobile insurance industry who is knowledgeable in matters of traffic

safety and liability issues such as may come under the consideration of the committee, e.g., a representative from the

California State Automobile Association.

C. Three nonvoting ex officio members from the staff of the city of Lakeport:

1. The city engineer/director of public works, or his/her designate, who shall be the city staff person

responsible for coordination of the activities of the committee;

2. The chief of police, or his/her designate; 3. The city clerk, or his/her designate, who shall act as secretary of

the committee. (Ord. 719 (part), 1991)

2.22.020 Terms of committee members--Vacancies and compensation.

A. Terms. Members of the traffic safety advisory committee shall serve for a term of four years upon appointment by the city council. The term shall normally commence on March 1st on the year of appointment. However, in order to

provide for staggered terms to insure the continuity of experienced members, at the implementation of the ordinance

codified in this chapter, the city council shall appoint the five members of the commission with terms as follows: twomembers shall serve for two years, and three members shall serve for four years. At the expiration of the term of office

of each of the several members, his or her successor shall be appointed by the city council at the second meeting in

February of the city council. Vacancies on the commission occurring otherwise than by expiration of term of officeshall be filled for the unexpired term by appointment by the city council. The city engineer/director of public works,

police chief and city clerk shall be ex officio members by virtue of their employment with the city in such capacities. The city council may provide for other terms of office for members of the traffic safety advisory committee by

resolution.

B. Vacation or Removal From Office. Members of the traffic safety advisory committee shall be removed from

office or their office declared vacant in the following manner and for the following reasons:

1. By a majority vote of the council;

2. If a member is no longer a permanent resident of the city of Lakeport, city employee or prominentrepresentative of the automobile insurance industry of the area, in which event his/her removal shall be automatic

and no action by the council is necessary;

The Lakeport Municipal Code is current through Ordinance 894, passed September 16, 2014.

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Lakeport Municipal Code

Chapter 2.22 TRAFFIC SAFETY ADVISORYCOMMITTEE

Page 2/2

3. If a member is absent from four noticed regular meetings of the committee in any twelve-month period, or

from three consecutive noticed meetings, except for good cause as determined by members of the committee,

his/her removal shall be automatic and no action by the council is necessary.

C. Compensation. Members of the traffic safety advisory committee shall receive no compensation. (Ord. 719

(part), 1991)

2.22.030 Organization of commission--Meetings, officers, minutes.

A. Meetings. The traffic safety advisory committee meetings shall be set as needed as determined by appointedthedesignated staff liaison. The traffic safety advisory committee should hold at least one regular meeting each monthfor the transaction of business, except if no agenda items have been proposed for consideration by committee

members, other departments or agencies, or citizens, in which case the members may determine to cancel the regularly

scheduled meeting of that month. The committee shall adopt rules and regulations to govern procedures and shall set a

regularly scheduled time for monthly meetings. Additional adjourned or special meetings may be held from time to

time as needed, provided that said meetings are properly called and noticed according to state law.

B. Officers. The traffic safety advisory committee shall meet, upon implementation of the ordinance codified inthis chapter, and thereafter during the regular meeting in March of each year, at its first meeting each year and elect a

chairman and vice-chairman from voting members of the committee at its first meeting each year . Their duties shallrespectively be such as are usually carried by such officers. Such officers shall hold office for one year, or until their

successors are elected.

C. Minutes. The city clerk, or his/her designeate, shall act as secretary to the committee, and shall keep a record of

its proceedings and transactions. Minutes of the commission shall be filed with the city clerk and minute orders of its

recommendations shall be transmitted to the city council. (Ord. 719 (part), 1991)


The powers, duties and responsibilities of the traffic safety advisory committee shall be to make recommendations to

the city council regarding:

A. Traffic safety;

B. Pedestrian safety;

C. Parking, as it relates to traffic safety. (Ord. 719 (part), 1991)

The Lakeport Municipal Code is current through Ordinance 894, passed September 16, 2014.

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Ordinance No. (2016)

AN ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF LAKEPORT AMENDING CHAPTER 2.22 OF TITLE 2

OF THE LAKEPORT MUNICIPAL CODE REGARDING THE TRAFFIC SAFETY

ADVISORY COMMITTEE

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

SECTION 1. Amendment to Chapter 2.22 “Traffic Safety Advisory Committee”

Chapter 2.22 “Traffic Safety Advisory Committee” of Title 2 of the Lakeport Municipal Code is

hereby repealed in its entirety and replaced with the following:

Chapter 2.22

TRAFFIC SAFETY ADVISORY COMMITTEE

Sections:






There is established a traffic safety advisory committee consisting of the following persons:

A. Five voting members, citizens-at-large, who are residents of the city, to be appointed by

the city council on the basis of interest and qualification.

B. The City Manager shall appoint appropriate staff members and a staff liaison to

coordinate the activities of the committee.


A. Terms. Members of the traffic safety advisory committee shall serve for a term of four

years upon appointment by the city council. Vacancies on the commission occurring otherwise

than by expiration of term of office shall be filled for the unexpired term by appointment by the

city council.

B. Vacation or Removal From Office. Members of the traffic safety advisory committee

shall be removed from office or their office declared vacant in the following manner and for the

following reasons:

1. By a majority vote of the council;

2. If a member is no longer a permanent resident of the city of Lakeport, in which

event his/her removal shall be automatic and no action by the council is necessary;


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3. If a member is absent from four noticed regular meetings of the committee in any

twelve-month period, except for good cause as determined by members of the committee,

his/her removal shall be automatic and no action by the council is necessary.

C. Compensation. Members of the traffic safety advisory committee shall receive no

compensation. (Ord. 719 (part), 1991)


A. Meetings. The traffic safety advisory committee meetings shall be set as needed as

determined by appointed the staff liaison.

B. Officers. The traffic safety advisory committee shall meet, at its first meeting each year

and elect a chairman and vice-chairman from members of the committee. Their duties shall

respectively be such as are usually carried by such officers. Such officers shall hold office for

one year, or until their successors are elected.

C. Minutes. The city clerk, or his/her designate, shall act as secretary to the committee, and

shall keep a record of its proceedings and transactions. Minutes of the commission shall be filed

with the city clerk (Ord. 719 (part), 1991)


The powers, duties and responsibilities of the traffic safety advisory committee shall be to make

recommendations to the city council regarding:

A. Traffic safety;

B. Pedestrian safety;

C. Parking, as it relates to traffic safety. (Ord. 719 (part), 1991)

SECTION 2. Severability. Should any provision of this Ordinance, or its application to any

person or circumstance, be determined by a court of competent jurisdiction to be unlawful,

unenforceable or otherwise void, that determination shall have no effect on any other

provision of this Ordinance or the application of this Ordinance to any other person or

circumstance and, to that end, the provisions hereof are severable.

SECTION 3. CEQA. This ordinance is not a “project” subject to the California EnvironmentalQuality Act (CEQA). “Project” does not include “general policy and procedure making” or

“[o]rganizational or administrative activities of governments that will not result in direct or

indirect physical changes in the environment” pursuant to CEQA Guidelines § 15378(b). In

addition, this ordinance is exempt from CEQA because it does not apply to the modification,

structuring, restructuring, or approval of rates, tolls, fares, or other charges by public agencies


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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 of

publication and posting the entire text.

INTRODUCED and first read at a regular meeting of the City Council on the 5th

day of April 2016,

by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINING:

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

19th day of April, 2016, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINING:

___________________________

MARC SPILLMAN, Mayor

ATTEST:

____________________________________

KELLY BUENDIA, City Clerk


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CITY OF LAKEPORT

City CouncilCity of Lakeport Municipal Sewer District

Lakeport Redevelopment Successor AgencyLakeport Industrial Development AgencyMunicipal Financing Agency of Lakeport

STAFF REPORT

RE: Professional Services Agreement with Design Workshop, Inc.to prepare Lakeport Lakefront Revitalization Plan

MEETING DATE: 04/05/2016

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: Approve a Professional Services Agreement between the City of Lakeport and Design Workshop, Inc. forthe development and implementation of the Lakeport Lakefront Revitalization Plan (LLRP).

BACKGROUND:

The City of Lakeport was awarded $95,342.00 by the California Department of Housing (CDBG) and acash match of $4,208.00 from the City to develop a Lakeport Lakefront Revitalization Plan. On December10, 2015 a Request for Proposals (RFP) for the plan was circulated. The City distributed approximately 27RFP’s for the project.

On January 28, 2016, the City received two proposals for the LLRP. A selection committee was developedfor reviewing the proposals that included representatives from LEDAC, the Chamber of Commerce and theCity, who recommended interviews with the two consulting firms. The interviews took place on March 1,2016 and based on their qualifications Design Workshop Inc. was selected to prepare the LLRP.

DISCUSSION:

Retaining the services of Design Workshop Inc. for this project requires the City to enter into a ProfessionalServices Agreement with the consultant. This attached agreement also includes an Exhibit A whichincorporates the original Design Workshop Inc. proposal as the scope of work needed for this project andthe related cost estimate ($98,420.00). This agreement has been reviewed by the City Attorney and will alsobe executed by the City Manager, etc. upon approval by the City Council.

Staff is very confident that Design Workshop Inc. will provide the needed services. During the interview

the consultants made a strong argument in developing a plan that achieves the economic goals of thecommunity, as well as working with the city for a strong public outreach. The methodology and schedulefor the Lakeport Lakefront Revitalization Plan, can be reviewed in the scope of work, attached as Exhibit Ain the Professional Services Agreement.

The boundary of the Lakeport Lakefront Revitalization Plan extends along the shoreline from C Street inthe south to Clearlake Avenue to the north. The plan would focus on short-term and long-term goals thatincrease the economic viability for the shoreline and its relationship with the downtown business area.

OPTION:

Meeting Date: April 5, 2016 Page 1 Agenda Item #VI.B.1.


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Approve a Professional Services Agreement between the City of Lakeport and Design Workshop, Inc. forthe development and implementation of the Lakeport Lakefront Revitalization Plan.

FISCAL IMPACT:

None $ Account Number: Comments: The Lakeport LakefrontRevitalization Plan includes a cash match of $4,208.00 the City previously dedicated for the plan as part of

the CDBG loan.

SUGGESTED MOTION:

Move to approve the Professional Services Agreement between the City of Lakeport and the Design Workshop, Inc. for the development and implementation of the Lakeport Lakefront Revitalization Plan(LLRP).and authorize the City Manager to sign the agreement on behalf of the City of Lakeport.

Attachments: 1. Professional Services Agreement (City of Lakeport & Design Workshop,

Inc.) with Scope of Work and Fee Schedule

2. Project Boundary Map

Meeting Date: April 5, 2016 Page 2 Agenda Item #VI.B.1.


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Design Professional Services Agreement(City of Lakeport / Design Workshop, Inc.)

Page 2 of 14162517.1

4. TERM

The term of this Agreement shall commence at 12:00 a.m. on the Commencement Dateand shall terminate at 11:59 p.m. on the Termination Date unless extended in writing by mutualagreement of the parties or terminated earlier in accordance with Section 18 (“Termination”) below.

5. CONSULTANT’S SERVICES

5.1 Time is of the essence in Consultant’s performance of services under thisAgreement.

5.2 Consultant shall perform the services identified in the Scope of Services. City shallhave the right to request, in writing, changes in the Scope of Services. Any suchchanges mutually agreed upon by the parties, and any corresponding increase ordecrease in compensation, shall be incorporated by written amendment to thisAgreement. In no event shall the total compensation and costs payable toConsultant under this Agreement exceed the sum of ninety eight thousand, fourhundred and twenty Dollars ($98,420 ) unless specifically approved in advance andin writing by City. Consultant shall notify the City Agreement Administrator, inwriting, when fees and expenses incurred under this Agreement have reachedeighty percent (80%) of the maximum amount payable above. Consultant shallconcurrently inform the City Agreement Administrator, in writing, of Consultant’sestimate of total expenditures required to complete its current assignments before proceeding, when the remaining work on such assignments would exceed themaximum amount payable above.

5.3 Consultant shall obtain and maintain in force a City business license for the durationof this Agreement.

5.4 Consultant shall perform all work to the highest standards of Consultant ’s profession and in a manner reasonably satisfactory to City. Consultant shall complywith all applicable federal, state and local laws and regulations, including theconflict of interest provisions of Government Code Section 1090 and the PoliticalReform Act (Government Code Section 81000 et seq.).

5.5 Consultant represents that it has advised City in writing prior to the date of signingthis Agreement of any known relationships with third parties, City Councilmembers, or employees of City which would (1) present a conflict of interest withthe rendering of services under this Agreement under Government Code Section1090, the Political Reform Act (Government Code Section 81000 et seq.), or otherapplicable law, (2) prevent Consultant from performing the terms of thisAgreement, or (3) present a significant opportunity for the disclosure ofconfidential information.


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Page 3 of 14162517.1

5.6 During the term of this Agreement, Consultant shall not perform any work foranother person or entity for whom Consultant was not working at the

Commencement Date if both (i) such work would require Consultant to abstainfrom a decision under this Agreement pursuant to a conflict of interest statute and(ii) City has not consented in writing to Consultant’s performance of such work.

5.7 Consultant represents that it has, or will secure at its own expense, all personnelrequired to perform the services identified in the Scope of Services. All suchservices shall be performed by Consultant or under its supervision, and all personnel engaged in the work shall be qualified to perform such services. Ben Fishshall be the Consultant Project Administrator and shall have direct responsibilityfor management of Consultant’s performance under this Agreement. No other person shall serve as Consultant Project Administrator without City’s prior written

consent.

5.8 This Agreement covers professional services of a specific and unique nature.Except as otherwise provided herein, Consultant shall not assign or transfer itsinterest in this Agreement or subcontract any services to be performed withoutamending this Agreement.

5.9 Consultant shall be responsible to City for all services to be performed under thisAgreement. All subconsultants shall be approved by the City AgreementAdministrator and their billing rates identified in the Approved Fee Schedule,Exhibit B. City shall pay Consultant for work performed by its subconsultants(including labor) only at Consultant’s actual cost plus an approved mark-up as setforth in the Approved Fee Schedule, Exhibit B. Consultant shall be liable andaccountable for any and all payments, compensation, and federal and state taxes toall subconsultants performing services under this Agreement. City shall not beliable for any payment, compensation, or federal and state taxes for anysubconsultants.

5.10 Consultant shall notify the City Agreement Administrator, in writing, of any changein name, ownership or control of Consultant’s firm or of any subconsultant. Changeof ownership or control of Consultant’s firm may require an amendment to theAgreement.

5.11 This Agreement is subject to prevailing wage law, for all work performed under theAgreement for which the payment of prevailing wages is required under theCalifornia Labor Code. In particular, Consultant acknowledges that prevailingwage determinations are available for the performance of inspection and surveywork.

6. COMPENSATION


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Page 4 of 14162517.1

6.1 City agrees to compensate Consultant for the services provided under thisAgreement, and Consultant agrees to accept payment in accordance with the

Approved Fee Schedule in full satisfaction for such services.

6.2 Consultant shall submit to City an invoice, on a monthly basis or less frequently,for services performed pursuant to this Agreement. Each invoice shall identify themaximum amount payable above, the services rendered during the billing period,the amount due for the invoice, and the total amount previously invoiced. All laborcharges shall be itemized by employee name and classification/position with thefirm, the corresponding hourly rate, the hours worked, a description of each laborcharge, and the total amount due for labor charges. City shall not withholdapplicable taxes or other payroll deductions from payments made to Consultantexcept as otherwise required by law. Consultant shall include a copy of each

subconsultant invoice for which reimbursement is sought in the invoice.

6.3 The parties agree to meet and confer at mutually agreeable times to resolve anydisputed amounts contained in an invoice submitted by Consultant.

6.4 Payments for any services requested by City and not included in the Scope ofServices may be made to Consultant by City on a time-and-materials basis pursuantto the Approved Fee Schedule and without amendment of this Agreement, so longas such payment does not cause the maximum amount payable above to beexceeded.

7.

OWNERSHIP OF WRITTEN PRODUCTS

All reports, documents or other written material (“written products” herein) developed byConsultant in the performance of this Agreement shall be and remain the property of City withoutrestriction or limitation upon use or dissemination by City. Consultant may take and retain copiesof such written products as desired, but shall not seek to copyright such written products.

8. RELATIONSHIP OF PARTIES

Consultant is, and shall at all times remain as to City, a wholly independent contractor.Consultant shall have no power to incur any debt, obligation, or liability on behalf of City orotherwise to act on behalf of City as an agent. Neither City nor any of its agents shall have control

over the conduct of Consultant or any of Consultant’s employees, except as set forth in thisAgreement. Consultant shall not represent that it is, or that any of its agents or employees are, inany manner employees of City.

Under no circumstances shall Consultant look to the City as its employer. Consultant shallnot be entitled to any benefits. City makes no representation as to the effect of this independentcontractor relationship on Consultant’s previously earned California Public Employees RetirementSystem (“CalPERS”) retirement benefits, if any, and Consultant specifically assumes the


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Page 5 of 14162517.1

responsibility for making such a determination. Consultant shall be responsible for all reports andobligations including, but not limited to: social security taxes, income tax withholding,

unemployment insurance, disability insurance, workers’ compensation, and other applicablefederal and state taxes.

9. AGREEMENT ADMINISTRATOR

In performing services under this Agreement, Consultant shall coordinate all contact withCity through its City Agreement Administrator. City reserves the right to change this designationupon written notice to Consultant. All services under this Agreement shall be performed at therequest of the City Agreement Administrator, who will establish the timetable for completion ofservices and any interim milestones.

10.

INDEMNIFICATION

10.1 To the fullest extent permitted by law, Consultant shall indemnify, hold harmless,and defend City, its officers, agents, employees and volunteers from and againstany and all claims and losses, costs or expenses for any damage due to death orinjury to any person, whether physical, emotional, consequential or otherwise, andinjury to any property, arising out of or in connection with Consultant’s allegednegligence, recklessness or willful misconduct, errors or omissions of Consultantor any of its officers, employees, servants, agents, or subcontractors, or anyonedirectly or indirectly employed by either Consultant or its subcontractors, in the performance of this Agreement or its failure to comply with any of its obligationscontained in this Agreement, to the extent directly related to Consultant’snegligence or willful misconduct except such loss or damage which is caused bythe sole active negligence or willful misconduct of the City. Such costs andexpenses shall include reasonable attorneys’ fees due to counsel of City’s choice,expert fees and all other costs and fees of litigation. The duty to defend includesreimbursement of reasonable defense fees incurred by the City. Consultant shallnot be entitled to a refund of any such costs in the event it is adjudicated to have been non-negligent.

As respects all acts or omissions which do not arise directly out of the performanceof professional services, including but not limited to those acts or omissionsnormally covered by general and automobile liability insurance, Consultant agrees

to indemnity, defend and hold harmless the City, its officers, officials, employeesand volunteers for and against any and all claims, demands, losses, and liabilitiesof any kind or nature arising out of or in connection with the Consultant’s performance or failure to perform under the terms of this contract, excepting thosewhich arise out of the active and sole negligence or willful misconduct of the City.

Where the law establishes a professional standard of care for Consultant’s Services,to the fullest extent permitted by law, Consultant shall indemnify, protect, defend


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and hold harmless City and any and all of its officials, employees and agents(“Indemnified Parties”) from and against any and all losses, liabilities, damages,

costs and expenses, including attorney’s fees and costs to the extent same arecaused in whole or in part by any negligent or wrongful act, error or omission ofConsultant, its officers, agents, employees or sub-consultants (or any entity orindividual that Consultant shall bear the legal liability thereof) in the performanceof professional services under this Agreement.

Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, protect, defend and hold harmlessCity, and any and all of its employees, officials and agents from and against anyliability (including liability for claims, suits, actions, arbitration proceedings,administrative proceedings, regulatory proceedings, losses, expenses or costs of

any kind, whether actual, alleged or threatened, including attorneys fees and costs,court costs, interest, defense costs, and expert witness fees), where the same ariseout of, are a consequence of, or are in any way attributable to, in whole or in part,the performance of this Agreement by Consultant or by any individual or entity forwhich Consultant is legally liable, including but not limited to officers, agents,employees or sub-contractors of Consultant.

Notwithstanding any provision of this section to the contrary, design professionalsare required to defend and indemnify the City only to the extent permitted by CivilCode Section 2782.8, which limits the liability of a design professional to claims,suits, actions, arbitration proceedings, administrative proceedings, regulatory

proceedings, losses, expenses or costs that arise out of, pertain to, or relate to thenegligence, recklessness, or willful misconduct of the design professional. Theterm “design professional,” as defined in Section 2782.8, is limited to licensedarchitects, licensed landscape architects, registered professional engineers, professional land surveyors, and the business entities that offer such services inaccordance with the applicable provisions of the California Business andProfessions Code.

The provisions of this section do not apply to claims occurring as a result of City’ssole or active negligence. The provisions of this section shall not release City fromliability arising from gross negligence or willful acts or omissions of City or any

and all of its officials, employees and agents.

10.2 City shall have the right to offset against any compensation due Consultant underthis Agreement any amount due City from Consultant as a result of Consultant ’sfailure to pay City promptly any indemnification arising under this Section 10 ofthis Agreement and any amount due City from Consultant arising fromConsultant’s failure either to (i) pay taxes on amounts received pursuant to thisAgreement or (ii) comply with applicable workers’ compensation laws.


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10.3 The obligations of Consultant under this Section 10 of this Agreement are notlimited by the provisions of any workers’ compensation or similar statute.

Consultant expressly waives its statutory immunity under such statutes as to City,its officers, agents, employees and volunteers.

10.4 Consultant agrees to obtain executed indemnity agreements with provisionsidentical to those set forth here in Section 10 of this Agreement from each and everysubcontractor or any other person or entity involved by, for, with or on behalf ofConsultant in the performance of this Agreement. If Consultant fails to obtain suchindemnity obligations from others, Consultant agrees to indemnify, hold harmlessand defend City, its officers, agents, employees and volunteers from and againstany and all claims, losses, costs and expenses for any damage due to death or injuryto any person and injury to any property resulting from any alleged intentional,

reckless, negligent, or otherwise wrongful acts, errors or omissions of Consultant’ssubcontractors or any other person or entity involved by, for, with or on behalf ofConsultant in the performance of this Agreement. Such costs and expenses shallinclude reasonable attorneys’ fees incurred by counsel of City’s choice.

10.5 City does not, and shall not, waive any rights that it may possess against Consultant because of the acceptance by City, or the deposit with City, of any insurance policyor certificate required pursuant to this Agreement. This hold harmless andindemnification provision shall apply whether or not any insurance policies applyto a claim, demand, damage, liability, loss, cost or expense.

10.6 In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court ofcompetent jurisdiction or CalPERS to be eligible for enrollment in CalPERS as anemployee of the City, Consultant shall indemnify, defend, and hold harmless Cityfor the payment of any employee and/or employer contributions for CalPERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as wellas for the payment of any penalties and interest on such contributions, which wouldotherwise be the responsibility of City.

10.7 Notwithstanding any federal, state, or local policy, rule, regulation, law orordinance to the contrary, Consultant and any of its employees, agents, andsubcontractors providing service under this Agreement shall not qualify for or

become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited toeligibility to enroll in CalPERS as an employee of City and entitlement to anycontribution to be paid by City for employer contribution and/or employeecontributions for CalPERS benefits.

11. INSURANCE


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11.1 During the term of this Agreement, Consultant shall carry, maintain, and keep infull force and effect insurance against claims for death or injuries to persons or

damages to property that may arise from or in connection with Consultant’s performance of this Agreement.

11.2 Any available insurance proceeds broader than or in excess of the specifiedminimum Insurance coverage requirements or limits shall be available to City asan Additional Insured as provided below. Furthermore, the requirements forcoverage and limits shall be the greater of (1) the minimum coverage and limitsspecified in this Agreement, or (2) the broader coverage and maximum limits ofcoverage of any Insurance policy or proceeds available to the named Insured.

11.3 Insurance required under this Agreement shall be of the types set forth below, with

minimum coverage as described:

11.3.1 Comprehensive General Liability Insurance with coverage limits of not lessthan One Million Dollars ($1,000,000) including products and operationshazard, contractual insurance, broad form property damage, independentconsultants, personal injury, underground hazard, and explosion andcollapse hazard where applicable.

11.3.2 Automobile Liability Insurance for vehicles used in connection with the performance of this Agreement with minimum limits of One MillionDollars ($1,000,000) per claimant and One Million dollars ($1,000,000) perincident.

11.3.3 Worker ’s Compensation insurance if and as required by the laws of the Stateof California.

11.3.4 Professional Errors and Omissions Insurance with coverage limits of notless than One Million Dollars ($1,000,000).

11.4 Consultant shall require each of its subconsultants to maintain insurance coveragethat meets all of the requirements of this Agreement provided however, that theCity Agreement Administrator may waive the provision of Errors and OmissionsInsurance by subconsultants in his or her sole discretion.

11.5 The policy or policies required by this Agreement shall be issued by an insureradmitted in the State of California and with a rating of at least A:VII in the latestedition of Best’s Insurance Guide.

11.6 Consultant agrees that if it does not keep the insurance coverages required by thisAgreement in full force and effect, City may either (i) immediately terminate thisAgreement; or (ii) take out the necessary insurance and pay the premium(s) thereon


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at Consultant’s expense.

11.7 At all times during the term of this Agreement, Consultant shall maintain on filewith City’s Risk Manager a certificate or certificates of insurance showing that therequired coverages are in effect and naming City and its officers, employees, agentsand volunteers as Additional Insureds to the extent applicable.

11.8 Consultant shall provide proof that policies of insurance required by this Agreementexpiring during the term of this Agreement have been renewed or replaced withother policies providing at least the same coverage. Such proof will be furnished atleast two weeks prior to the expiration of the coverages.

11.9 The general liability and automobile policies of insurance required by this

Agreement shall contain an endorsement naming City and its officers, employees,agents and volunteers as Additional Insureds. All of the policies required under thisAgreement shall contain an endorsement providing that the policies cannot becanceled or reduced except on thirty days’ prior written notice to City. Consultantagrees to require its insurer to modify the certificates of insurance to delete anyexculpatory wording stating that failure of the insurer to mail written notice ofcancellation imposes no obligation, and to delete the word “endeavor ” with regardto any notice provisions.

11.10 The insurance provided by Consultant shall be primary to any other coverageavailable to City. Any insurance or self-insurance maintained by City and/or itsofficers, employees, agents or volunteers shall be in excess of Consultant’sinsurance and shall not contribute with it.

11.11 All insurance coverage provided pursuant to this Agreement shall not prohibitConsultant, and Consultant’s employees, agents or subcontractors, from waivingthe right of subrogation prior to a loss. Consultant hereby waives all rights ofsubrogation against the City.

11.12 Any deductibles or self-insured retentions must be declared to and approved by theCity. At the option of City, Consultant shall either reduce or eliminate thedeductibles or self-insured retentions with respect to City, or Consultant shall procure a bond in the amount of the deductible or self-insured retention to guarantee

payment of losses and expenses.

11.13 Procurement of insurance by Consultant shall not be construed as a limitation ofConsultant’s liability or as full performance of Consultant’s duties to indemnify,hold harmless and defend under Section 10 of this Agreement.

11.14 Consultant may be self-insured under the terms of this Agreement only with expresswritten approval from the City.


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11.14.1 All self-insured retentions (SIR) must be disclosed to the City for approval

and shall not reduce the limits of liability.

11.14.2 Policies containing any SIR provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named Insured or theCity.

11.15 City reserves the right to obtain a full certified copy of any Insurance policy andendorsements. Failure to exercise this right shall not constitute a waiver of the rightto exercise later.

12. MUTUAL COOPERATION

12.1 City shall provide Consultant with all pertinent data, documents and other requestedinformation as is reasonably available for the proper performance of Consultant’sservices under this Agreement.

12.2 If any claim, action, or proceeding is brought against City relating to Consultant’s performance in connection with this Agreement, Consultant shall render anyreasonable assistance that City may require in the defense of that claim, action, or proceeding.

13. CONFIDENTIALITY

All data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without prior written consent by City. City shall grant such consent if disclosureis legally required. Upon request, all City data shall be returned to City upon the terminationor expiration of this Agreement.

14. RECORDS AND INSPECTIONS

Consultant shall maintain any and all ledgers, books of account, invoices, vouchers,canceled checks, and other records or documents evidencing or relating to charges for services orexpenditures and disbursements charged to City under this Agreement for a minimum of three (3)

years, or for any longer period required by law, from the date of final payment to Consultant underthis Agreement. All such documents shall be made available for inspection, audit, and/or copyingat any time during regular business hours, upon oral or written request of City. City shall furtherhave the right to make transcripts therefrom and to inspect all program data, documents, proceedings, and activities.

In addition, pursuant to Government Code Section 8546.7, if the amount of public fundsexpended under this Agreement exceeds ten thousand dollars, all such documents and this


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Agreement shall be subject to the examination and audit of the State Auditor, at the request of Cityor as part of any audit of City, for a period of three (3) years after final payment under the

Agreement.

15. PERMITS AND APPROVALS

Consultant shall obtain, at its sole cost and expense, all permits and regulatory approvalsnecessary for Consultant’s performance of this Agreement. This includes, but shall not be limitedto, professional licenses, encroachment permits and building and safety permits and inspections.

16. NOTICES

Any notices, bills, invoices, or reports required by this Agreement shall be deemed receivedon: (i) the day of delivery if delivered by hand, facsimile or overnight courier service duringConsultant’s and City’s regular business hours; or (ii) on the third business day following depositin the United States mail if delivered by mail, postage prepaid, to the addresses listed below (or tosuch other addresses as the parties may, from time to time, designate in writing).

If to City:

City of Lakeport225 Park St.Lakeport CA 95453Telephone: (707) 263-5613 x19Facsimile: (707) 263-8584

Website: www.cityoflakeport.com

If to Consultant:

Design Workshop, Inc.128 Market Street, Suite 3EStateline, Nevada 89449

Telephone: (775) 588-5929Facsimile: ( ) ___-____

Website:www.designworkshop.com

With courtesy copy to:

David J. Ruderman, Esq.City Attorney420 Sierra College Drive, Suite 140Grass Valley, CA 95945Telephone: (530) 432-7357Facsimile: (530) 432-7356

17. SURVIVING COVENANTS

The parties agree that the covenants contained in Section 10, Section 13, Paragraph 12.2and Section 14 of this Agreement shall survive the expiration or termination of this Agreement.

18. TERMINATION

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


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040516 lakeport city council agenda packet

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