060716 lakeport city council agenda packet

8/15/2019 060716 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.

1. CONFERENCE WITH LABOR NEGOTIATOR (Gov. Code § 54957.6): Nam

of City Negotiator to Attend Closed Session: Rick Haeg and

Administrative Services Director Kelly Buendia; Employee Organizati

All units.

2. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov. Code §

54956.8): Property Address: Utility Easement concerning 818 Lakepo

Blvd, Lakeport (APN 025-472-05); Agency Negotiator: Margaret Silve

City Manager; Negotiating Parties: City of Lakeport and Matt Riveras

Under Negotiation: Price and Terms of Payment

I. CALL TO ORDER & ROLL CALL:

II. PLEDGE OF ALLEGIANCE:

III. ACCEPTANCE OF AGENDA:

Urgency Items:

IV. CONSENT AGENDA:

A. Ordinances:

B. Minutes:

C. Warrants:

D. Application 2016-015:

E. Traffic Safety Advisory Committee:

F. Ordinance Introductions: Delinquent

Utility Accounts:

6:00 p.m.

Move to accept agenda as posted, or move to add or delete items.

To add item, Council is required to make a majority decision that an urgency

exists (as defined in the Brown Act) and a 2/3rds determination that the need

take action arose subsequent to the Agenda being posted.

The following Consent Agenda items are expected to be routine and noncontroversial. They will be acted upon

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

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

Consent Calendar portion of this agenda.

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

meeting for either introduction or passage per Government Code Section 369

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

Approve the warrant register of May 25, 2016.

Approve Application No. 2016-015 with staff recommendations for the Lake

County Arts Council and the Main Street Art Gallery for the Spring Bazaar to b

held in and around the Yacht Club on June 11, 2016.

Adopt a Resolution of the Lakeport City Council setting forth the terms of the

Traffic Safety Advisory Committee.

Sitting as the Lakeport City Council, initiate proceedings and set a public hear

date for June 21, 2016 for the consideration of:

1. A proposed ordinance amending Section 13.04.060 of Chapter 13.04

Title 13 of the Lakeport Municipal Code regarding delinquent water

charges.

Sitting as the Board of Directors of the CLMSD, initiate proceedings and set a

public hearing date for June 21, 2016 for the consideration of:

1. A proposed ordinance amending Section 13.20.360 of Chapter 13.20

Title 13 of the Lakeport Municipal Code regarding delinquent sewer

charges.

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 tsubject is not already on tonight’s agenda. Persons wishing to address the City Council are required to comple

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

please state your name and address for the record. NOTE: Per Government Code §54954.3(a), the City Council

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

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

AGENCY TO THE LAKEPORT REDEVELOPMENT AGENCY)

Tuesday, June 7, 2016

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


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City Council Agenda of June 7, 2016 Page 2

cannot take action or e xpress a consensus of approval or disapproval on any public comments regarding matte

which do not appear on the printed agenda.

VI. PUBLIC HEARING:

A. Solicitation Ordinance: Conduct a Public Hearing and adopt the proposed Ordinance adding Chapter

5.24 of Title 5 of the Lakeport Municipal Code regulating solicitation.

B. CDBG Program Income Use: Conduct a Public Hearing and adopt the proposed resolution approving the

additional Supplemental Activity to the 2014-CDBG-9883 grant for the use ofadditional business assistance loan funds

VII. COUNCIL BUSINESS:

A. City Clerk:

1. Resolution Calling for General

Municipal Election and

Requesting Approval for

Election Services

Adopt a Resolution calling for and providing for, and giving notice of the Gene

Municipal Election to be held in the City of Lakeport, County of Lake, State of

California, on the 8th Day of November, 2016, for the purpose of electing thr

(3) City Council Members, each to hold office for a term of four years, or until

their successors are elected and qualified, requesting consolidation of that

election with the State General Election and requesting approval of the Lake

County Board of Supervisors for election services to be provided by the Coun

Elections Official.B. City Manager

1. Sales Tax Measure: Authorize staff to move forward with vendor selection and work on a public

education and outreach project, and authorize an increased budget

appropriation from the general fund reserve in the amount of $25,000.00 to

fund it.

VIII. CITY COUNCIL COMMUNICATIONS:

A. Miscellaneous Reports, if any:

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 a

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, Deputy City Clerk

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


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CLOSED SESSION: Mayor Pro Tem Mattina called the meeting to order at 4:00 P.M. and adjourto closed session at 4:01 P.M

for the following items:

1. CONFERENCE WITH LABOR NEGOTIATOR (Gov. Code § 54957.6): Nam

of City Negotiator to Attend Closed Session: Rick Haeg and

Administrative Services Director Kelly Buendia; Employee Organizati

All units.

2.

CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov. Code §

54956.8): Property Address: Utility Easement concerning 818 Lakepo

Blvd, Lakeport (APN 025-472-05); Agency Negotiator: Margaret Silve

City Manager; Negotiating Parties: City of Lakeport and Matt Riveras

Under Negotiation: Price and Terms of Payment

REPORT OUT OF CLOSED SESSION: Mayor Pro Tem Mattina advised there was no reportable action out of closed

session.

I. CALL TO ORDER & ROLL CALL: Mayor Pro Tem Mattina called the regular meeting of the City Council of the C

of Lakeport to order at 6:00 p.m. with Council Members Turner, Parlet, and

Scheel present. Mayor Spillman was absent

II. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by City Clerk Buendia.

III. ACCEPTANCE OF AGENDA: Mayor Pro Tem Mattina advised there was a request to move items C.2. and

to the beginning of Council Business.

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

Turner, and unanimously carried by voice vote, with Mayor Spillman absent, t

accept the 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 369

B. Minutes: Approve minutes of the special City Council meeting of April 25, 2016 and the

regular City Council meeting of May 3, 2016.

C. Warrants: Approve the warrant register of May 11, 2016.

D. Application 2016-014: Approve Application No. 2016-014 with staff recommendations for the Lake

County Chamber of Commerce for the following events: Annual Memorial Da

Parade (May 28, 2016); Oktoberfest (October 1, 2016).

E. Application WP-2016-002 Approve Application 2016-002 with staff recommendations for the annual Gr

on the Green fundraiser to be held at Westside Park (August 6, 2016).F. Lakeport Main Street Association: Approve the proposed 2015-2017 MOU between the City and the Lakeport M

Street Association (LMSA), and receive and file the 2014/2015 LMSA Annual

Report.

G. Employment Contract: Approve employment contract with Margaret Silveira for City Manager servic

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

Parlet, and unanimously carried by voice vote, with Mayor Spillman absent, t

approve the Consent Agenda Items A-G.

V. PUBLIC PRESENTATIONS/REQUESTS:

A. Citizen Input: There was no citizen input.

B. Introduction of New Employee: Chief Rasmussen introduced new Police Officer Victor Rico.

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, May 17, 2016


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City Council Minutes of May 17, 2016 Page 2

VI. COUNCIL BUSINESS:

A. Chief of Police

1.

Ordinance Introduction The staff report was presented by Chief Rasmussen.

Shannon Kimble-Auth spoke in opposition of the ordinance. Lenny Mathews

commented about the California penal code that already addresses aggressiv

panhandling. Suzanne Russell thanked staff for bringing the ordinance forwaA motion was made by Council Member Scheel, seconded by Council Membe


introduce the first reading of the proposed Solicitation Ordinance and set a

public hearing for June 7, 2016.

B. Community Development Director

1. Hartley Street Pedestrian

Improvement Project:

The staff report was presented by Community Development Director Ingram.

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

Scheel, and unanimously carried by voice vote, with Mayor Spillman absent, t

approve the resolution authorizing the City Manager to submit an Active

Transportation Program grant application for the Hartley Street Pedestrian

improvements project and authorize the mayor to submit a letter of support the project.

C. Finance Director

1. Utility Rate ReviewThe staff report was presented by Finance Director Buffalo.

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

Scheel, and unanimously carried by voice vote, with Mayor Spillman absen

approve staff’s recommendation as presented, and schedule a public hearin

Council’s regularly scheduled meeting of June 21, 2016 to consider:

1. Delaying the implementation of the sewer rate adjustment schedule

July 1, 2016 to July 1, 2017; and

2.

Reducing the rate to half the current, appropriate rate for any accofor which the service address is vacant and water service is not b

used.

2. Municipal Financing Agency of

Lakeport/Lakeport City Council:

Lakeport Police Station

Acquisition and Renovation

Project

.

The staff report was presented by Finance Director Buffalo. Bond Council

Cameron Weist also presented information to the City Council.

Sitting as the Lakeport City Council:

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


adopt a proposed resolution adopting the USDA RUS Bulletin 1942-47 Loan

Resolution, and further, adopt a proposed resolution approving, authorizing a

directing execution of certain financing documents in connection with the

Municipal Financing Agency of Lakeport, Series 2016 Lease Revenue Bonds(Police Station Acquisition and Renovation Project), and providing for other

matters properly related thereto.

Sitting as the Municipal Financing Agency of Lakeport Board:

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

Parlet, and unanimously carried by voice vote, with Chairperson Spillman abs

to adopt a proposed resolution approving, authorizing and directing executio

certain financing documents in connection with the Municipal Financing Agen

of Lakeport, Series 2016 Lease Revenue Bonds (Police Station Acquisition and

Renovation Project), and providing for other matters properly related thereto

3. USDA Loan Documents:

Refinancing Outstanding Series

The staff report was presented by Finance Director Buffalo. Bond Council

Cameron Weist also presented information to the City Council.


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City Council Minutes of May 17, 2016 Page 3

2000 Water Enterprise

Certificates of Participation

Suzanne Russell asked about the total cost.

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

Scheel, and unanimously carried by voice vote, with Mayor Spillman absent, t

approve the proposed Resolution as well as approve and authorize the City

Manager and Finance Director to work with the financing team to solicit bids

the purchase of the 2016 Obligations, sign all documents related to the

transaction, and execute the prepayment of the 2000 Obligations.

D. City Manager

1. Public Safety Town Hall Update City Manager Silveira gave a staff report as an update of the results from the

Public Safety Town Hall meeting held April 25, 2016. Chief Rasmussen and

Finance Director Buffalo also provided insight on the meeting.

Council had no further direction to staff at this time.

VII. CITY COUNCIL COMMUNICATIONS:

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

City Attorney Ruderman had no report.

Public Works Superintendent Grider reported that Public Works is busy with t

Downtown Improvement Project, the Bevins Street Rehab Project and theWestshore pool opening next week.

Finance Director Buffalo reported he had sent out quarterly reports, and will

soon wrap up the annual report.

Chief Rasmussen had no report.

Community Development Director Ingram reported he still is working on

Downtown Improvement Project details, as well as the Lakefront Revitalizatio

project.

Administrative Services Director/City Clerk Buendia had no report.

Council Member Turner reported that the LMSA will hold an all members

meeting at the Yacht Club on Thursday.

Council Member Mattina will attend LAFCO this week. She also attended the

stakeholder meeting for the Lakefront Revitalization Project.

Council Member Parlet reported that ambassadors were invited from around

California Chambers of Commerce. Rotary will honor “Top 40” students from

around the County during the week.

Council Member Scheel will attending the top 40 event, Senior Boards, the

League division meeting Friday and a firefighter’s benefit on Saturday.

VIII. ADJOURNMENT: Mayor Pro Tem Mattina adjourned the meeting at 7:56 p.m.

_______________________________________

Stacey Mattina, Mayor Pro Tem

ATTEST:

____________________________________________

Kelly Buendia, 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

May 25, 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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/25/2016 2:19:34 PM Page

Check RegistLakeport, CA Packet: APPKT00203 - 05-25-16 WARRA

By Check Nu

endor Number Vendor Name Payment Amount NumberPayment TypePayment Date Discount Amount

ank Code: AP BANK-AP BANK

642 3M 05/25/2016 492456,367.08Regular 0.00

404 ADAMS ASHBY GROUP, LLC. 05/25/2016 492465,930.00Regular 0.00644 AG UNLIMITED 05/25/2016 492471,306.40Regular 0.00

0371 ALPHA ANALYTICAL LABORATORIES 05/25/2016 492482,005.50Regular 0.00

0109 ARAMARK UNIFORM SERVICES 05/25/2016 4924999.77Regular 0.00

351 AT&T 05/25/2016 49250757.09Regular 0.00

590 AT&T 05/25/2016 49251322.39Regular 0.00

783 BRIAN DENTON 05/25/2016 49252850.00Regular 0.00

099 CALPERS 05/25/2016 492532,600.00Regular 0.00

555 CITY OF LAKEPORT PETTY CASH 05/25/2016 49254128.65Regular 0.00

697 CLEARLAKE LAVA, INC. 05/25/2016 49255361.20Regular 0.00

0193 COACH CRAFT AUTO BODY REPAIR 05/25/2016 492563,447.88Regular 0.00

778 COLANTUANO, HIGHSMITH & 05/25/2016 492576,270.54Regular 0.00

124 COMMUNITY DEVELOPMENT SERVICE 05/25/2016 492582,750.00Regular 0.00

0132 COUNTY OF LAKE-SPECIAL DIST 05/25/2016 4925923,458.82Regular 0.00

779 CRESCO EQUIPMENT RENTALS 05/25/2016 49260616.28Regular 0.00055 DAVIS TIRE & AUTO REPAIR 05/25/2016 4926156.34Regular 0.00

331 DEEP VALLEY SECURITY 05/25/2016 4926285.00Regular 0.00

127 DEPT OF JUSTICE 05/25/2016 49263267.00Regular 0.00

790 EDWARD A. BEAN 05/25/2016 492643,037.95Regular 0.00

543 ENTERPRISE RENT-A-CAR 05/25/2016 4926573.28Regular 0.00

827 G & G PRINTING SERVICES 05/25/2016 4926634.56Regular 0.00

723 GOODYEAR TIRE & RUBBER CO. 05/25/2016 492671,787.32Regular 0.00

0268 HACH CHEMICAL COMPANY 05/25/2016 49268125.84Regular 0.00

044 IMAGE SALES, INC. 05/25/2016 4926920.19Regular 0.00

639 INDUSTRIAL SCIENTIFIC 05/25/2016 49270895.05Regular 0.00

627 IT'S ABOUT TIME, INC 05/25/2016 49271173.48Regular 0.00

141 KELSEYVILLE TNT MINI STORAGE 05/25/2016 49272262.00Regular 0.00

413 LAKE COUNTY WASTE SOLUTIONS 05/25/2016 4927343.63Regular 0.00

073 LCOE 05/25/2016 4927450.00Regular 0.00043 LEXIS NEXIS RISK SOLUTIONS 05/25/2016 4927530.00Regular 0.00

0354 MEDIACOM 05/25/2016 492761,349.90Regular 0.00

208 MENDO MILL & LUMBER CO. 05/25/2016 49277646.82Regular 0.00

162 MERCER-FRASER 05/25/2016 4927872,272.72Regular 0.00

121 MUNI SERVICES 05/25/2016 49279302.99Regular 0.00

2708 NATHAN DEHART 05/25/2016 49280150.00Regular 0.00

899 OE PUBLIC & MISC EE'S 05/25/2016 4928110,931.00Regular 0.00

212 OZONE WATER SYSTEMS, INC. 05/25/2016 492821,502.70Regular 0.00

0387 PACE ENGINEERING, INC. 05/25/2016 4928359,413.54Regular 0.00

0113 PACE SUPPLY #03391-00 05/25/2016 492843,186.11Regular 0.00

065 PAUL R. CURREN 05/25/2016 492854,603.01Regular 0.00

228 PAVEMENT ENGINEERING INC. 05/25/2016 49286950.00Regular 0.00

053 PEOPLE SERVICES, INC. 05/25/2016 49287349.28Regular 0.00

0217 PG&E VO248104 05/25/2016 4928829,010.03Regular 0.00

618 PITNEY BOWES PURCHASE POWER 05/25/2016 492891,535.30Regular 0.00

252 PLAZA PAINT & SUPPLIES 05/25/2016 49290620.77Regular 0.00

130 POLESTAR COMPUTERS 05/25/2016 492915,859.98Regular 0.00

0286 RAINBOW AGRICULTURAL SERVICES 05/25/2016 4929282.32Regular 0.00

0347 RB PEST CONTROL 05/25/2016 49293140.00Regular 0.00

396 RICOH, USA 05/25/2016 49294197.04Regular 0.00

058 ROSS RECREATION EQUIPMENT, INC. 05/25/2016 492953,415.00Regular 0.00

255 SAFEWAY SIGN COMPANY 05/25/2016 492961,566.11Regular 0.00

864 SAN DIEGO POLICE EQUIPMENT CO 05/25/2016 492971,935.22Regular 0.00

087 SANTA ROSA UNIFORM 05/25/2016 492981,885.00Regular 0.00


8/48

heck Register Packet: APPKT00203-05-25-16 WARR

/25/2016 2:19:34 PM Page

endor Number Vendor Name Payment Amount NumberPayment TypePayment Date Discount Amount

383 SHRED-IT USA LLC 05/25/2016 4929946.94Regular 0.00

826 SONOMA MEDIA INVESTMENTS, LLC. 05/25/2016 49300113.00Regular 0.00

832 STANDARD PRINTING COMPANY 05/25/2016 493011,042.42Regular 0.00

809 STEVEN GROSSNER 05/25/2016 4930299.00Regular 0.00

035 SUTTER LAKESIDE HOSPITAL 05/25/2016 4930370.00Regular 0.00

020 SWRCB 05/25/2016 49304180.00Regular 0.00

020 SWRCB 05/25/2016 49305170.00Regular 0.00

138 THE WORKS INC/MLS - LSQ FUNDING 05/25/2016 493063,787.34Regular 0.00

037 THOMAS SHEFFER 05/25/2016 49307125.00Regular 0.00552 U.S. BANK 05/25/2016 493084,979.27Regular 0.00

302 UNIVAR USA INC. 05/25/2016 493094,880.01Regular 0.00

510 US POSTMASTER - ARIZONA 05/25/2016 49310866.12Regular 0.00

310 USA BLUE BOOK 05/25/2016 49311151.65Regular 0.00

0164 WESTGATE PETROLEUM CO., INC. 05/25/2016 493122,644.25Regular 0.00

960 WYATT IRRIGATION SUPPLY INC 05/25/2016 4931394.70Regular 0.00

Regular Checks

Manual Checks

Voided Checks

Discount

Payment

CountPayment Type

Bank Code AP BANK Summary

Bank DraftsEFT's

69

0

0

00

0.00

0.00

0.00

0.000.00

69 0.00

Payment

285,367.78

0.00

0.00

0.000.00

285,367.78

Payable

Count

127

0

0

00

127


9/48

heck Register Packet: APPKT00203-05-25-16 WARR

Page /25/2016 2:19:34 PM

Fund Name AmountPeriod

Fund Summary

998 POOLED CASH 285,367.785/2016

285,367.78


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11/48


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13/48

From: [email protected]

To: Hilary Britton

Subject: Re: Application 2016-015 - Spring Bazaar (Main St. Art Gallery)

Date: Tuesday, May 24, 2016 2:53:43 PM

Attachments: image002.png

No police concerns!

Thanks for looking into that

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: Tuesday, May 24, 2016 02:40 PMTo: 'Jason Ferguson'Subject: RE: Application 2016-015 - Spring Bazaar (Main St. Art Gallery)

There will be no alcohol.

Hilary Britton

Deputy City Clerk

City of Lakeport

225 Park Street

Lakeport, CA 95453

(707) 263-5615 x43

[email protected]

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

Sent: Tuesday, May 24, 2016 2:38 PM

To: Hilary Britton Subject: Re: Application 2016-015 - Spring Bazaar (Main St. Art Gallery)

llary,

As it stands there are no police concerns regarding this event however; they did not check the alcohol present

box so if they do chose to sell alcohol, I would need a permit and ABC application.

Lt.

mailto:[email protected]:[email protected]:[email protected]://cp.mcafee.com/d/2DRPoA93hJ5xNx5dNVd4TsSztdVBdUQsK3zqdQTCkPhPt54SztdVBdUQsKf6QrFLfzANPa9ICgzasWM1lFjbltfQHWRoPVsTqkORnjZa-Jmc-ndLK8moo7fZvAn7xNEVhhjWZOWaab7cFzxRQT7-EyCJtdmWb_axVZicHs3jqpJwTvANOoVcsCej76XCM0tFjbltfQHWRoPVv3oyXYibtaM1h-BvmH6qRjVm_w09JBZWXxI5-Aq83h08bb7OJIVlwq84XEK5XELCy0Kq81xqcE4jh0cWarIjh0qa1Lpgd40Nfzh08hCq80BFV_Nb6yASUMrkYPibTahttp://cp.mcafee.com/d/5fHCN8qdEIec8FKf9ECXCQrFLcFL6zBMsrhKCYOCqerEECQrFLcFL6zBNUSztdVYsCephdAO4pjDm0aJapqHF-BvmH6vbCXiCmGWvFnRGNDOVJZN2P30V_HYyUYed7aaavnKnhhhoVBcseKCU_R4kRHFGThvVkffGhBrwqrhdI6XYCej79zANOoUTsSjDdqymokVTrugHkHO-bqh-C2kFByZniUlQHWRoPN56Xy9EVpuud7bPa8VUS8K_4yTiI0kvFnRGNCJk-lLU02rpvuKUr1vF6y0Qg22ONYHrelo6y1eWbxuWbVEwbCy0omza14Qg3eyCX4Qg6ywrSk3h0cjUQg24pCy09quvYiNEFdKc6PgcYRFmcoX2Jmailto:[email protected]:[email protected]:[email protected]


14/48

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: Tuesday, May 24, 2016 02:17 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 2016-015 - Spring Bazaar (Main St. Art Gallery)

Hi all,

Please find attached application 2016-015 for a Spring Bazaar to be held in Library Park near

the Yacht Club on June 11, 2016, for your review and comments.

We would like to submit this for Council approval at the June 7, 2016 meeting, so please have

your comments back to me by June 1, 2016.

As always, thank you for your input.

Hilary Britton

Deputy City Clerk

City of Lakeport

225 Park Street

Lakeport, CA 95453(707) 263-5615 x43

[email protected]

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

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

mailto:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]://cp.mcafee.com/d/avndyhJ5xNx5dNVd4TsSztdVBdUQsK3zqdQTCkPhPt54SztdVBdUQsKf6QrFLfzANPa9ICgzasWM1lFjbltfQHWRoPVsTqkORnjZa-Jmc-ndLK8moo7fZvAn7xNEVhhjWZOWaab7cFzxRQT7-EyCJtdmWb_axVZicHs3jr1JwTvANOoVcsCej76XCM0tBKlJHL_O-8o-W5N8r2oIwd1LSu5MG5vI90c90f4n2JxsaK2wOdQyj0Ei0Uo4xrUzgQ90f4n2JxsaK2wO30Cc2AQ0O1W2nH4Q10ccb28sHvg8Rom2UKn6jaEnscA181F2iEi0kObM1oi1ws60O10m4iomm3P51k5BOpey0XoA1m05g4io5u6k101W3gq5mgal0Eemvvl0ok7q7xA2pm2Z6h4mm0yM9cy030AaJwi0M90G85hKyc3dw8f0slA5gKuaez87gb40G37w80sbTv70au18I6H1sZQpynLsi0s61okh6wOwo2E3yxeXN0we3041Epfc2PP033g5fwcd1kibn0Emuh3NqMQM8AXS0noxEyjKbqy5lya35MoWa4XL4N8muKcyUp5gogsb20M4MN6eL1YgacwsS8K_4yTiI0kvFnRGNCJk-lLU02rpvuKUr1vF6y0Qg22ONYHrelo6y1eWbxuWbVEwbCy0omza14Qg3eyCX4Qg6ywrSk3h0cjUQg24pCy09quvYiNEFdKc6_uQa3zSbGBY5http://cp.mcafee.com/d/1jWVIqdEIec8FKf9ECXCQrFLcFL6zBMsrhKCYOCqerEECQrFLcFL6zBNUSztdVYsCephdAO4pjDm0aJapqHF-BvmH6vbCXiCmGWvFnRGNDOVJZN2P30V_HYyUYed7aaavnKnhhhoVBcseKCU_R4kRHFGThvVkffGhBrwqrpdI6XYCej79zANOoUTsS03IJOJJt_-nN3dcMgbn47D07l7ec5gi2gVMhC5xp01Mi95gia4MM4_g6wi8JH2a0V01OEyb80e2h8G2hgC60C1UAMa4wenYh7m6x8cb9S5MI5XLGzdw8f0slA5gKuaez8mCby90-rE3xs1gnkb1CwM6hsq38qdzvCg55nxE2D1gpg6hkbwAwbzg97k4wMbullw7wAx0h3iNobP1wEcAgen5T3Mah5M8o61a8l34M618lr0A1wiw2k10cxpkq6h9_Vz094d1uwsaBxwgcyVwpRqElf0s2DVWn0xmM79AMa2pomZm0sa4MM1MMmZJ0Ig2Ecu0w1MLtYs0FU4yMqI5PThC9uZN81Mo5xh4q3a1wawea4XL420Uc0g6xAYMbfc0cd0k-0MQ5h8Js2xpV4f5H3j0yjLo1ty6y9eUJG8lm8Ecn1zEEjKYj4xpWUObxAl1x1MI830j34rf6tdybLN8JQH057WlZqIpHlfBr-00CSnTHK6MnWhEwd40wIIvaSPBm1EwjKyUnKy-q82VEw65EOwhd40PEFKNd41EE6ZB0Qg34-d40x6pEw2mDD_4Iqajrz1JvuW-hWzEtQ0mailto:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]


15/48


16/48


17/48

From: Margaret Silveira

To: Hilary Britton; Doug Grider

Cc: Kelly Buendia

Subject: RE: Application 2016-015 - Spring Bazaar (Main St. Art Gallery)

Date: Thursday, May 26, 2016 7:52:09 AM

Attachments: image002.png

They are a non-profit.

M

From: Hilary Britton

Sent: Wednesday, May 25, 2016 7:57 AM

To: Doug Grider

Cc: Margaret Silveira ; Kelly Buendia


Good Morning,

I believe the Art Gallery is a project/product of the Lake County Arts Council (see link). Toni had also

indicated it was non-profit on the application - I will confirm with the applicant whether this is in

fact a fundraiser by/for the Lake County Arts Council.

Margaret is aware of the event and has advised the group strongly that an application had to go to

Council this year.

Thanks again for your comments.

Hilary Britton

Deputy City Clerk

City of Lakeport

225 Park Street

Lakeport, CA 95453

(707) 263-5615 x43

[email protected]

From: Doug Grider


To: Hilary Britton


mailto:/O=LAKEPORT/OU=FIRST%20ADMINISTRATIVE%20GROUP/CN=RECIPIENTS/CN=MSILVEIRAmailto:[email protected]:[email protected]:[email protected]://www.lakearts.org/default.htmmailto:[email protected]://www.facebook.com/pages/City-of-Lakeport/110619388983178mailto:[email protected]:[email protected]://cityoflakeport.com/https://www.facebook.com/pages/City-of-Lakeport/110619388983178mailto:[email protected]://www.lakearts.org/default.htmmailto:[email protected]:[email protected]:[email protected]:/O=LAKEPORT/OU=FIRST%20ADMINISTRATIVE%20GROUP/CN=RECIPIENTS/CN=MSILVEIRA


18/48

Hilary, they state they are a Non-Profit. Is the Main Street Art Gallery a Non-Profit? I need this

clarified as I believe we have an ordnance against “For-Profit” events in the park.

Thanks,

Doug

From: Hilary Britton


To: 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 2016-015 - Spring Bazaar (Main St. Art Gallery)

Hi all,

Please find attached application 2016-015 for a Spring Bazaar to be held in Library Park near the

Yacht Club on June 11, 2016, for your review and comments.

We would like to submit this for Council approval at the June 7, 2016 meeting, so please have your

comments back to me by June 1, 2016.

As always, thank you for your input.

Hilary Britton

Deputy City Clerk

City of Lakeport

225 Park Street

Lakeport, CA 95453

(707) 263-5615 x43

[email protected]

mailto:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]://cityoflakeport.com/https://www.facebook.com/pages/City-of-Lakeport/110619388983178mailto:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]


19/48

Meeting Date: 06/07/2016 Page 1 Agenda Item #IV.E

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: Adopt a Resolution Setting Forth the Terms of Committee

Members of the Traffic Safety Advisory Committee

MEETING DATE: 06/07/2016

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 adopt a resolution setting forth the service terms of committee members of the

traffic safety advisory committee.

BACKGROUND/DISCUSSION:

Chapter 2.22 of the Lakeport Municipal Code was recently amended by the City Council for the purpose of

removing recruitment barriers, creating greater efficiency in the recruitment of Traffic Safety Committee

members and creating greater efficiency in the operations of the Committee.

Under the new ordinance, the City Council can establish the terms of service by Resolution. Staff is requesting

that all Commissions and Committees have terms ending December 31, which allows the City Clerk’s office to

focus on more concentrated recruitment efforts once a year rather than multiple times a year. Under the old

ordinance, Committee members held office from March 1 through the end of February.

The proposed Resolution sets the terms of Committee members to begin Jan 1 and end December 31. The

Resolution also establishes existing committee members within the proposed terms.

OPTIONS:

The City Council could provide other direction.

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 adopt a Resolution of the Lakeport City Council Setting Forth the Terms

of the Traffic Safety Advisory Committee.

Attachments: 1. Resolution


20/48

1

RESOLUTION NO. (2016)

A RESOLUTION OF THE LAKEPORT CITY COUNCIL SETTING FORTH THE TERMS OF THE

TRAFFIC SAFETY COMMITTEE

WHEREAS, Chapter 2.22 of the Lakeport Municipal Code establishes a Traffic Safety

Committee to make recommendations to the city council regarding traffic safety, pedestrian

safety, and parking; and

WHEREAS, Chapter 2.22 of the Lakeport Municipal Code was amended by the City

Council for the purpose of removing recruitment barriers, creating greater efficiency in the

recruitment of Traffic Safety Committee members and creating greater efficiency in the

operations of the Committee; and

WHEREAS, the City Council shall establish the Traffic Safety Committee terms of office

by Resolution and recognizes that all other commissions and committees have a December 31term ending date; and

NOW, THEREFORE, BE IT RESOLVED THAT:

A. The terms of the Traffic Safety Advisory Committee members shall begin January 1 and

end December 31.

B. The terms shall be staggered with two terms ending in one year and three terms ending

two years later.

C. The current terms of current committee members shall be as follows:

a. Terms held by Frank Dollosso and George Spurr shall end December 31, 2016

b. Terms held by Ann Blue, Vicki Cole, and Suzanne Russell shall end Dec 31, 2018

This Resolution was passed and adopted by the City Council of the City of Lakeport at a regular

meeting held on the 7th day of June, 2016.

AYES:

NOES:

ABSENT:

ABSTAIN:

__________________________________MARK SPILLMAN, Mayor

ATTEST:

________________________________

KELLY BUENDIA, City Clerk

Attachment 1


21/48

Meeting Date: 06/07/2016 Page 1 Agenda Item #IV.F.

CITY OF LAKEPORT

City Council



Lakeport Industrial Development Agency


STAFF REPORT

RE: Utility Payment Delinquency Procedures MEETING DATE: 6/7/2016

SUBMITTED BY: Daniel Buffalo, Finance Director



The City Council and CLMSD Board of Directors are being asked to formally adopt ordinances authorizing the City

to place delinquent utility customer accounts on the property tax roll when necessary and appropriate.


Several options are available to the City in the collection of delinquent utility accounts for its water and sewer

enterprise. The most powerful collection tool is through the property tax collection process and is applicable to

any utility customer receiving water and sewer service. The City has been in the practice for several years of

referring such accounts to the County Auditor-Controller for inclusion on the tax roll. It has regularly done so on

an annual basis and has reserved the process for those accounts that were significantly delinquent or deemed to

be uncollectable using alternative methods. However, the City has determined it prudent to establish

authorization for this practice through ordinance.

OPTIONS:

1. Begin the process of adopting ordinances establishing authorization to place delinquent utility accounts

on the property tax roll by conducting a first reading of the respective ordinances and set a public

hearing for June 21, 2016 to allow for public input.

2. Do not approve but provide direction to staff.

FISCAL IMPACT:

None $0.00 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: This action in of itself does not result in a fiscal impact. There is no charge to the City to place

delinquent accounts on the tax roll. The aggregate dollar amount of delinquent accounts sent to the County

Auditor-Controller for inclusion on the tax roll historically has been between $10,000 - $20,000, and due to the

manner in which property tax is collected, the collection success rate has been high.

SUGGESTED MOTIONS:

Sitting as the Lakeport City Council:


22/48

Meeting Date: 06/07/2016 Page 2 Agenda Item #IV.F.

1. Move to initiate proceedings and set a public hearing date for June 21, 2016 for the consideration of a

proposed ordinance amending Section 13.04.060 of Chapter 13.04 of Title 13 of the Lakeport Municipal

Code regarding delinquent water charges, and

Sitting as the Board of Directors of the CLMSD:

1. Move to initiate proceedings and set a public hearing date for June 21, 2016 for the consideration of a

proposed ordinance amending Section 13.20.360 of Chapter 13.20 of Title 13 of the Lakeport Municipal

Code regarding delinquent sewer charges.

Attachments: Ordinance No.________(2016) – Water

Ordinance No._________(2016) - Sewer


23/48

1

ORDINANCE NO. ________(2016)

AN ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF LAKEPORT AMENDING SECTION 13.04.060

OF CHAPTER 13.04 OF TITLE 13 OF THE LAKEPORT

MUNICIPAL CODE REGARDING DELINQUENT WATER CHARGES

WHEREAS, article XI, sections 7 and 9 of the California Constitution and California

Government Code sections 54343 and 54344 authorize the City to adopt reasonable rules and

regulations, and prescribe, revise, and collect charges for the services, facilities, or water it

furnishes;

WHEREAS, California Health and Safety Code sections 5470 et seq. authorize the City by

ordinance adopted by a two-thirds vote of the City Council to prescribe, revise and collect, fees,

tolls, rates, rentals or other charges for services and facilities it furnishes in connection with its

water service;

WHEREAS, California Health and Safety Code sections 5473 and 5473a authorize the City

by ordinance adopted by a two-thirds vote of the City Council to elect to collect delinquent

water charges on the tax roll in the same manner and at the same time as general taxes;

WHEREAS, Lakeport Municipal Code section 13.04.050 requires the City Council by

resolution to prescribe the charges for water and the manner, the time of payment, and the

method of collection thereof;

WHEREAS, Lakeport Municipal Code section 13.04.060 provides that all charges for

water shall be a charge upon the property upon which such water is furnished and shall

constitute a lien on said property; and

WHEREAS, the City has experienced a significant number of delinquent water charges in

recent years and desires to provide for collection of such delinquent charges on the tax roll.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKEPORT DOES ORDAIN AS

FOLLOWS:

Section 1. Amendment to Water System Ordinance

Section 13.04.060 of Chapter 13.04 of Title 13 of the Lakeport Municipal Code is hereby

amended to read as follows:

13.04.060 Charges—Lien.

A. All charges for water shall be a charge upon the property upon which such water is

furnished, and shall constitute a lien on said property; and such lien on the property; and such

Attachment 1


24/48

2

lien may be enforced in any court of competent jurisdiction in the manner that mortgages are

foreclosed provided in the Code of Civil Procedure of the state. Such charges shall also be a

personal charge against the owner or occupant of the property (at the option of the city water

department) and may be collected by suit therefor.

B.

Each applicant or owner or occupant of any premises supplied with water shall beresponsible for water bills from the time the use of water is commenced until the collector of

the waterworks system shall be notified in writing to discontinue such service.

C. Any fees, charges and penalties authorized pursuant to this chapter which remain

unpaid after the delinquent dates provided pursuant to section 13.04.050 may be collected

thereafter by the city as provided in this section and otherwise as allowed by law.

1. The city council shall cause a report of delinquent water fees, charges and penalties to

be prepared periodically. The city council shall fix a time, date and place for hearing the

report and any objections or protests thereto.

2. The city council shall cause notice of hearing to be mailed to the landowners listed on

the report not less than fifteen days prior to the date of the hearing.

3. At the hearing, the city council shall hear any objections or protests of landowners liable

to be assessed for delinquent fees, charges and/or penalties. The city council may make

such revisions or corrections to the report as it deems just, after which, by resolution, the

report shall be confirmed.

4. The delinquent fees, charges and/or penalties set forth in the report as confirmed shall

constitute special assessments against the respective parcels of land, and are a lien on the

property for the amount of such delinquent fees, charges and/or penalties and costsincurred by the City as authorized by this chapter. A certified copy of the confirmed report

shall be filed with the city clerk, or auditor appointed by the city council, for amounts of the

respective parcels of land as they appear on the current assessment roll. The lien created

attaches upon recordation, in the office of the county recorder, of a certified copy of the

resolution of confirmation. The assessment shall be collected at the same time and in the

same manner as other property taxes and penalties and the same procedure and sale in

case of delinquency as provided for such taxes. All laws applicable to the levy, collection and

enforcement of city ad valorem property taxes shall be applicable to such assessment.

Section 2. Effect of Ordinance.

It is the intent of the City Council that Lakeport Municipal Code section 13.04.060 by this

Ordinance shall not be considered repealed and reenacted in its amended form; that the

portions which are not altered are to be considered as having been the law from the time when

they were enacted; that the new provisions are to be considered as having been enacted at the

time of the amendment; and that the omitted portions are to be considered as having been

repealed at the time of the amendment.

Attachment 1


25/48

3

Section 3. CEQA.

The adoption of this Ordinance is exempt from the California Environmental Quality Act (Public

Resources Code §§ 21000 et seq. (“CEQA”) and 14 Cal. Code Reg. §§ 15000 et seq. (“CEQA

Guidelines”). Collection of delinquent fees, charges and/or penalties is not a project within the

meaning of CEQA Guidelines section 15378. The collection of delinquent fees, charges and/or

penalties is a government fiscal activity which does not involve any commitment to any specific

project which may result in a potentially significant physical impact on the environment.

Therefore, the adoption of this Ordinance is not a project within the meaning of CEQA pursuant

to CEQA Guidelines section 15378(b)(4).

Section 4. Severability.

If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any

reason held invalid or unconstitutional, such decision shall not affect the validity of the

remaining portions of this ordinance.

The City Council hereby declares that it would have passed this and each section, subsection,

phrase, or clause thereof irrespective of the fact that any one or more sections, subsections,

phrases, or clauses be declared unconstitutional on their face or as applied.

Section 5. Effective Date.

This ordinance shall become effective 30 days after the date of adoption pursuant to

Government Code section 36937.

Section 6. Posting.

The City Clerk shall cause this ordinance to be published and/or posted within fifteen days afterits adoption.

This ordinance was introduced before the City Council of the City of Lakeport at a

regular meeting thereof on the 7th day of June, 2016, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINING:

This Ordinance was duly enacted by the City Council of the City of Lakeport at a regular

meeting thereof on the 21st day of June, 2016, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINING:

Attachment 1


26/48

4

_________________________________

MARC SPILLMAN , Mayor

ATTEST:

_____________________________KELLY BUENDIA, City Clerk

Attachment 1


27/48

1

ORDINANCE NO. ________(2016)

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKEPORT

ACTING AS THE BOARD OF DIRECTORS OF THE CITY OF LAKEPORT

MUNICIPAL SEWER DISTRICT NO. 1 AMENDING SECTION 13.20.560 OF

CHAPTER 13.20 OF TITLE 13 OF LAKEPORT MUNICIPAL CODE

REGARDING DELINQUENT SEWER CHARGES

WHEREAS, the City Council of the City of Lakeport acts as the Board of Directors of the

City of Lakeport Municipal Sewer District No. 1 (CLMSD) with all of the powers and rights of

such District;

WHEREAS, article XI, sections 7 and 9 of the California Constitution and California

Government Code sections 54343 and 54344 authorize CLMSD to adopt reasonable rules andregulations, and prescribe, revise, and collect charges for the sewer services and facilities it

furnishes;

WHEREAS, California Health and Safety Code sections 5470 et seq. authorize CLMSD, by

ordinance adopted by a two-thirds vote of the Board of Directors, to prescribe, revise and

collect, fees, tolls, rates, rentals or other charges for services and facilities it furnishes in

connection with its sanitation or sewerage system;

WHEREAS, California Health and Safety Code sections 5473 and 5473a authorize CLMSD,

by ordinance adopted by a two-thirds vote of the Board of Directors, to elect to collect

delinquent sewer charges on the tax roll in the same manner and at the same time as general

taxes;

WHEREAS, Lakeport Municipal Code section 13.20.540 requires the Board of Directors

to set the sewer service charge from time to time;

WHEREAS, Lakeport Municipal Code section 13.20.560 provides that all fees, charges

and penalties made in connection with sewer service are due and payable upon receipt of

notice thereof and that all amounts become delinquent thirty days after the date of invoice;

and

WHEREAS, CLMSD has experienced a significant number of delinquent sewer charges in

recent years and desires to provide for collection of such delinquent charges on the tax roll.

NOW THEREFORE THE CITY COUNCIL OF THE CITY OF LAKEPORT, SITTING AS THE

BOARD OF DIRECTORS OF THE CITY OF LAKEPORT MUNICIPAL SEWER DISTRICT NO. 1 DOES

ORDAIN AS FOLLOWS:

Attachment 2


28/48

2

Section 1. Section 13.20.560 of Chapter 13.20 of Title 13 of the Lakeport Municipal Code is

hereby amended to read as follows:

13.20.560 Payment of fees, charges and delinquencies – Creation of lien.

A. Except as otherwise provided, all fees, charges and penalties made pursuant to theprovisions of this chapter are due and payable upon receipt of notice thereof. All such amounts

shall become delinquent thirty days after the date of invoice.

B. A penalty for delinquent accounts will be charged in accordance with the following:

1. Thirty days after the date of invoice, a penalty of ten percent of the base invoice

amount, not to exceed a maximum of one thousand dollars.

2. Ninety days after the date of invoice, an additional penalty of ten percent of the

base invoice amount shall be imposed; the cumulative total of the penalties will not

exceed a maximum of four thousand dollars.

C. Any invoice outstanding and unpaid after ninety days will be cause for immediate

initiation of permit revocation proceedings.

D. Penalties charged under this section shall not accrue to those invoices successfully

appealed, provided the CLMSD receives written notification of said appeal prior to the payment

due date. Payment of disputed charges is still required during CLMSD review of any appeal

submitted by users.

E. Any fees, charges and penalties authorized pursuant to this chapter which remainunpaid after the delinquent dates as set forth in this section may be collected thereafter by the

CLMSD as provided in this section and otherwise as allowed by law.

1. The CLMSD shall cause a report of delinquent sewer fees, charges and penalties

to be prepared periodically. The CLMSD shall fix a time, date and place for hearing the

report and any objections or protests thereto.

2. The CLMSD shall cause notice of the hearing to be mailed to the landowners

listed on the report not less than fifteen days prior to the date of the hearing.

3. At the hearing, the CLMSD shall hear any objections or protests of landownersliable to be assessed for delinquent fees, charges and/or penalties. The CLMSD may

make such revisions or corrections to the report as it deems just, after which, by

resolution, the report shall be confirmed.

4. The delinquent fees, charges and/or penalties set forth in the report as

confirmed shall constitute special assessments against the respective parcels of land,

and are a lien on the property for the amount of such delinquent fees, charges and/or

penalties and costs incurred by the CLMSD as authorized by this chapter. A certified

Attachment 2


29/48

3

copy of the confirmed report shall be filed with the clerk, or auditor appointed by the

CLMSD, for amounts of the respective parcels of land as they appear on the current

assessment roll. The lien created attaches upon recordation, in the office of the county

recorder, of a certified copy of the resolution of confirmation. The assessment may be

collected at the same time and in the same manner as other property taxes and

penalties and the same procedure and sale in case of delinquency as provided for suchtaxes. All laws applicable to the levy, collection and enforcement of ad valorem property

taxes shall be applicable to such assessment.

Section 2. Effect of Ordinance.

It is the intent of the Board of Directors that Lakeport Municipal Code section 13.20.560 by this

Ordinance shall not be considered repealed and reenacted in its amended form; that the

portions which are not altered are to be considered as having been the law from the time when

they were enacted; that the new provisions are to be considered as having been enacted at the

time of the amendment; and that the omitted portions are to be considered as having been

repealed at the time of the amendment.

Section 2. CEQA.

The adoption of this Ordinance is exempt from the California Environmental Quality Act (Public

Resources Code §§ 21000 et seq. (“CEQA”) and 14 Cal. Code Reg. §§ 15000 et seq. (“CEQA

Guidelines”). Collection of delinquent fees, charges and/or penalties is not a project within the

meaning of CEQA Guidelines section 15378. The collection of delinquent fees, charges and/or

penalties is a government fiscal activity which does not involve any commitment to any specific

project which may result in a potentially significant physical impact on the environment.

Therefore, the adoption of this Ordinance is not a project within the meaning of CEQA pursuant

to CEQA Guidelines section 15378(b)(4).

Section 3. Severability.

If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any

reason held invalid or unconstitutional, such decision shall not affect the validity of the

remaining portions of this ordinance.

The Board of Directors hereby declares that it would have passed this and each section,

subsection, phrase, or clause thereof irrespective of the fact that any one or more sections,

subsections, phrases, or clauses be declared unconstitutional on their face or as applied.

Section 4. Effective Date.

This ordinance shall become effective 30 days after the date of adoption pursuant to

Government Code section 36937.

Attachment 2


30/48


31/48

Meeting Date: 06/07/2016 Page 1 Agenda Item #VI.A.1.

CITY OF LAKEPORT

City Council





STAFF REPORT

RE: Public Hearing: Ordinance adding Chapter 5.24 to the

Lakeport Municipal Code Regulating Solicitation


SUBMITTED BY: Police Chief Brad Rasmussen



The City Council is being asked to conduct a public hearing to consider a proposed Solicitation Ordinance to

address solicitors/panhandlers within the incorporated city limits of Lakeport.


Within the past two years, the City of Lakeport has experienced an increase in subjects soliciting money, food or

services from citizens in the community. These solicitors are typically operate at various retail establishments

throughout the city wherein; civilian traffic is heavy. At times, the Police Department is called upon when

solicitors become too aggressive after being denied money and asked to leave the premises by representatives

of the property. Currently, the officers are not allowed by law to request the solicitor to leave private property

such as, Safeway, without first having the property owner, or their representative, make the advisement to

leave the property. Law Enforcement has made efforts to consult with property owners and corporate

executives regarding prevention of solicitation on their properties with limited success in addressing the

problem. Without the ability to regulate soliciting under these circumstances, it is likely the solicitors will

continue to aggressively panhandle within our community.

The purpose of the solicitation ordinance is two-fold: One, the ordinance will regulate solicitation by requiring a

permit, free of charge, for those who wish to solicit in any place of public accommodation, in any place of

business open to the public generally, on city streets and sidewalks, in the public parks, or in any public places.

Two, this ordinance will provide officers the ability to request solicitors to leave private properties such as,

Safeway and Kmart, if the solicitors do not have a permit.

OPTIONS:

1. Adopt the proposed Solicitation Ordinance as drafted.

2. Provide input and refer back to staff.

3. Reject proposed solicitation ordinance.

FISCAL IMPACT:

None Budgeted Item? Yes x No


32/48

Meeting Date: 06/07/2016 Page 2 Agenda Item #VI.A.1.

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

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

Comments: There is no fee associated with the permit.

SUGGESTED MOTIONS:

Move to adopt the proposed Ordinance adding Chapter 5.24 of Title 5 of the Lakeport Municipal Code regulating

solicitation.

Attachments: 1.

Proposed Solicitation Ordinance


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ORDINANCE 907 (2016)

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKEPORT ADDING CHAPTER 5.24 OF

TITLE 5 OF THE LAKEPORT MUNICIPAL CODE REGULATING SOLICITATION

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

SECTION 1. Addition of Chapter 5.24 “Solicitation ”. Chapter 5.24 “Solicitation” of Title 5

of the Lakeport Municipal Code is hereby added in its entirety:

Chapter 5.24

SOLICITATION

Sections:

5.24.010 Purpose and Intent

5.24.020 Definitions

5.24.030 Solicitation Permit Required

5.24.040 Exemptions

5.24.050 Application for Permit

5.24.060 Issuance of Permit

5.24.070 Term of Permit

5.24.080 Identification Card

5.24.090 Revocation of Permit

5.24.100 Appeals

5.24.110 Manner of Solicitation and Prohibition5.24.120 Violations; Penalties

5.24.010 Purpose and Intent.

A. The purpose of this chapter is to regulate solicitation in the city to allow residents

to protect their peace and tranquility, to allow the free and safe flow of pedestrian and

vehicular traffic, and to deter fraud and other criminal behavior. It is the intent of this chapter to

respect the rights of free expression guaranteed by the California and United States

Constitutions; to constitute reasonable, content-neutral, time, place and manner restrictions;and to impose the smallest burden on expressive activity necessary to accomplish the objectives

of this chapter. This chapter shall be construed in light of this intent.

B. The exclusion of religious and political motivations from the purposes for

solicitation regulated by this chapter is intended to provide greater protection for such

expressive activity as required by such judicial decisions as Watchtower Bible & Tract Society of

New York, Inc. v. Village of Stratton (2002) 536 U.S. 150, and not to require city officials to

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determine what does and does not constitute bona fide religious and political motives except as

necessary to do so. Accordingly, in the enforcement of this chapter, city officials shall accept

claims that activity is politically or religiously motivated unless evidence is obtained

demonstrating those claims to be untruthful.

5.24.020 Definitions.

Unless it is apparent from the context that another meaning is intended, the following

words in this chapter shall have the meaning ascribed to them by this section.

A. “Charitable” shall mean and include activity, either actual or purported, that is

philanthropic, social service, welfare, benevolent, educational, and fraternal—but not religious

or political—in character.

B. “Solicit” and “Solicitation” shall mean the request, directly or indirectly, of

money, credit, property, financial assistance, patronage or other things of value; hawking,

peddling, or vending for charitable or commercial purposes; or offering to perform services for

payment. A “solicitation” shall be deemed completed when made, whether or not the person

making the same receives any contribution or makes any sale referred to in this subsection.

“Solicit” or “Solicitation” includes activity conducted door to door, in any place of public

accommodation, in any place of business open to the public generally, on city streets and

sidewalks, in the public parks, or in any public places. “Solicit” and “solicitation” shall also mean

and include the following methods of securing money, patronage, credit, property, financial

assistance or any other thing of value:

1. Any oral or written request;

2. The distribution, circulation, posting or publishing of any handbill, written

advertisement or other publication, unless such handbill or written advertisement has been

placed within a business open to the public generally with the express permission of the owner

or operator of such business;

3. The offer, sale or taking of orders for any goods, services, merchandise, wares or

other tangible items.

5.24.030 Solicitation Permit Required.

No person shall engage in solicitation, as that term is defined in section 5.24.020, within

the city without having first obtained a permit from the city manager or his or her designee; but

when a permit has been issued to any person, the agents and solicitors for such person shall not

be required to obtain individual permits.

5.24.040 Exemptions.

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This chapter shall not apply to solicitations made upon premises owned or occupied by

the organization on whose behalf such solicitation is made.

5.24.050 Application for Permit.

A. An application for permit to solicit, or for renewal of such a permit, shall be madeto the city manager upon forms prescribed by the city manager and signed under penalty of

perjury. The application shall be filed with the city manager at least seven calendar days before

a permit to conduct a solicitation may become effective; provided, however, that the city

manager may for good cause shown allow the filing of a late application. The city manager shall

grant or deny the permit within five business days after the application is made. In the event the

city manager fails to act upon a permit within the time prescribed herein, the permit shall be

deemed granted.

B. An application for a new or renewed solicitation permit shall contain at least the

following information: address, telephone and other contact information for the applicant; the

purpose for which the solicitation is to be made; the total amount of any funds to be raised

thereby, if any; the use or disposition to be made of any receipts; an outline of the method or

methods to be used in conducting the solicitations, including dates and times for the

commencement, conduct and termination of the solicitation; a statement to the effect that if a

permit is granted, it will not be used or represented in any way as an endorsement by the city or

by any department, officer or employee thereof; the names of other cities or unincorporated

areas in which the person registering has solicited or proposes to solicit within the month

preceding or following the period in which the person seeks to solicit in the city; and if the

applicant is unable to provide any of the foregoing information, the reasons why such

information is not available.

C. If, while any application is pending, or during the term of any permit, there is any

change in fact, policy, or method that would alter the information given in the application, the

applicant shall notify the city manager in writing thereof within 24 hours after such change,

provided that notice need not be given the city manager other than on a day when city hall is

open for business.

5.24.060 Issuance of Permit.

A. The city manager or his or her designee shall issue a permit for solicitation unless

any of the following have been demonstrated:

1. The applicant has failed to provide the required information or to articulate a

reasonable basis for his or her inability to do so;

2. Any statement made in the application is untrue; or

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3. The proposed time, place or manner of solicitation is inconsistent with any

provision of this code or other applicable law, or poses a threat to the public health or safety.

B. If the city manager denies a permit to any applicant, the city manager, within the

time for action on an application set forth in paragraph (A) of section 5.24.050, shall arrange to

send by registered mail or personal delivery written notice of the denial to the applicant, statingthe reasons for such denial. The city manager may use fax, email or any other means reasonably

calculated to give actual notice to the applicant.

5.24.070 Term of Permit.

All permits issued under this chapter shall be valid for 30 calendar days unless renewed,

revoked or suspended pursuant to this chapter. Upon good cause shown, the city manager may

issue a permit valid for more than 30 calendar days, but in no event shall a permit be valid for

more than six months. Any permit issued under this chapter shall not be transferable or

assignable.

5.24.080 Identification Card.

All persons to whom permits have been issued hereunder shall furnish an identification

card to each of their agents and solicitors, which card is required to be in the possession of each

agent and solicitor and presented upon request when soliciting in the city. Identification cards

shall include at least the following: the permit number; the name and address of the permittee;

a statement describing the permittee’s purpose and activity; the signature of the permittee or

one authorized to bind the permittee; the name and signature of the solicitor to whom the card

is issued; the period of time during which the solicitation is authorized; and, printed

prominently thereon in red, the statement, “This identification card is not an endorsement ofany solicitation by the City of Lakeport or any of its officers or employees.”

5.24.090 Revocation of Permit.

If it is shown that any person to whom a permit has been issued under this chapter has

violated any provision of this chapter or of any other law in connection with solicitation in the

city, the city manager shall immediately suspend the permit and shall notify the permit holder

within two business days of the suspension as specified in section 5.24.060 for a notice of denial

of a solicitation application, stating the reasons for the suspension.

5.24.100 Appeals.

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

suspend or revoke a permit, he or she may appeal to the city council by filing within 15 calendar

days of the decision a written statement with the city clerk setting forth reasons for the appeal.

The city clerk shall set a time and place for hearing the appeal at the next regularly scheduled

council meeting which occurs more than 84 hours after the notice of appeal is received and

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shall notify the applicant or permit holder of the time and place of hearing. The city council may

affirm, reverse or affirm with conditions, the decision of the city manager and shall apply the

standards of this chapter in doing so. Unless the city council unconditionally approves the

permit, it shall state the reasons for its decision in writing. The Council may delegate its decision

to a hearing officer provided that the decision of that officer is provided to the appellant not

later than 84 hours after the Council timely acts under this section. The action of the city councilor hearing office shall be final as to the city, but shall be subject to judicial review pursuant to

Code of Civil Procedure, section 1094.5.

5.24.110 Manner of Solicitation and Prohibitions.

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

A. Solicit without a permit or solicit without carrying on his or her person the

identification card required by this chapter.

B. Solicit after a permit has expired.

C. Solicit at any dwelling, including but not limited to a house, apartment, or

condominium at which is displayed a sign reading “No Solicitations,” “Do Not Disturb,” or any

other indication that the occupants do not wish to be solicited or to have their privacy

otherwise disturbed.

D. Touch, come into physical contact with, or affix any object to the person of any

member of the public, without the express permission of that person.

E. Persistently and importunately solicit any member of the public after suchperson expresses his or her desire not to be solicited.

F. Intentionally obstruct the free movement of any member of the public on any

street, sidewalk or other place or in any place open to the public.

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

H. Misrepresent his or her physical or mental health.

I. Solicit for any purpose other than those specified in the application upon whichthe permit was issued.

J. While the occupant of a moving vehicle, solicit, or attempt to solicit, business or

contributions of money or other property, from a person within the public right-of-way who is

not in that same vehicle.

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K. Solicit, or attempt to solicit, business or contributions of money or other

property, from a person who is the occupant of a moving vehicle or a vehicle stopped in traffic

while the solicitor is not in that same vehicle.

5.24.120 Violations; Penalties.

Any person who intentionally violates any provision of this chapter is guilty of a

misdemeanor punishable as provided in Chapter 1.08 of this code.

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

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

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

of this Ordinance or the application of this Ordinance to any other person or circumstance and,

to that end, the provisions hereof are severable.

SECTION 3. CEQA. This ordinance is not a “project” subject to the California

Environmental Quality Act (CEQA). “Project” does not include “general policy and procedure

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

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

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

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

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

§15273.

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

adoption as provided by Government Code section 36937.

SECTION 5. Certification. The City Clerk shall certify to the passage and adoption of thisOrdinance and shall give notice of its adoption as required by law. Pursuant to Government

Code section 36933, a summary of this Ordinance may be published and posted in lieu of

publication and posting the entire text.

INTRODUCED and first read at a regular meeting of the City Council on the 17th day of May

2016, by the following vote:

AYES: Mayor Pro Tem Mattina, Council Members Parlet, Scheel and Turner

NOES: None

ABSENT: Mayor Spillman

ABSTAINING: None

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

7th day of June, 2016, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINING

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___________________________

MARC SPILLMAN, Mayor

ATTEST:

____________________________________

KELLY BUENDIA, City Clerk

Attachment 1


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Meeting Date: 06/07/2016 Page 1 Agenda Item #VI.B.165351.1

CITY OF LAKEPORT

City CouncilCity of Lakeport Municipal Sewer District

Lakeport Redevelopment Successor AgencyLakeport Industrial Development AgencyMunicipal Financing Agency of Lakeport

STAFF REPORT

RE: Community Development Block Grant Supplemental Activity MEETING DATE: 06/07/2016

SUBMITTED BY: Margaret Silveira, City Manager



Approve the City’s Community Development Block Grant (CDBG) Supplemental Activity Amendment tothe 2014-CDBG-9883 grant to meet State HCD requirements for the use of program income funds inconjunction with new open grant funding.


At the December 16, 2014 Lakeport City Council meeting, the City Council adopted a CDBG ProgramIncome (PI) reuse plan to meet the new guidelines based on direction from the Department of Housing andCommunity Development (HCD). HCD determined the State’s present rules on Program Income (PI) andnew or open grants are out of compliance with CDBG federal statutes and regulations. Policy andprocedure changes must be made to resolve existing programmatic compliance issues related to the CDBGFinal Rule (effective May , 2012), and with the State’s current PI and open grant rules.

One of changes that is necessary for the Department of Housing and Community Development to operatein compliance is the invention of supplemental activities to be added to new or open grant agreements. This will allow for the City to use PI funds for projects that meet the program National Objectives and PublicBenefit criteria, but are different in type and scope from the purpose of the open grant activities. PI fundsare the monies the City receives from CDBG grants for business or residential loans.

The City of Lakeport intends to amend the 2014 CDBG grant which provides funding for business loansand a Lakefront Revitalization Plan to include the use of PI funds on hand with the City to removearchitectural barriers for public use of Carnegie Library. The City has received more program income thanexpected during this open grant period. The amount is approximate because it depends on the amount ofprogram income payments the City receives during the time the 2014 CDBG Grant is open. The current

amount on hand is $333,000.

The CDBG program guidelines state that all PI funds must be spent before grant funds are spent. Staffanticipates having an additional $130,000 in program income after the current supplemental activity ofremoving architectural barriers in Carnegie Library. Staff is recommending additional PI funds be used tofund additional business loans. Although the public hearing notice for this item mentioned streetimprovements in the City’s census tracks that qualify under the National Objective for assisting the low &moderate income population, there may not be enough time to complete the required amendments andapprovals from HCD and the road improvements in the remaining grant timeline. Staff is thereforerecommending adding only the supplemental activity of additional business loan funds at this time.


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Meeting Date: 06/07/2016 Page 2 Agenda Item #VI.B.165351.1

OPTIONS:

Approve

Disapprove

No action

FISCAL IMPACT:

None Approximately $130,000. Additional PI Funds Account Number: Comments:

SUGGESTED MOTIONS:

Move to adopt the resolution approving the additional Supplemental Activity to the 2014-CDBG-9883grant for the use of additional business assistance loan funds.

Attachments: 1. Resolution


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Meeting Date: 06/07/2016 Page 1 Agenda Item #VII.A.1.

CITY OF LAKEPORT

City Council





STAFF REPORT

RE: Resolution Calling For and Providing For and Giving Notice of

General Municipal Election and Requesting Consolidation


SUBMITTED BY: Kelly Buendia, City Clerk



The City Council is being asked to adopt a resolution calling for, providing for, and giving notice of general

municipal election and request election services to be provided by the County of Lake.


There are three City Council members whose terms will expire at the end of 2016 (Kenneth Parlet, Martin Scheel

and Marc Spillman). The election to fill these seats will take place on November 8, 2016.

In the past, we have been able to consolidate our elections with the County of Lake at a significant cost savings

to the City. The ability for the City to conduct the election itself would be impractical and much more expensive.In addition to providing elections expertise, cost savings are obtained through economies of scale for personnel

(poll workers) and publications (printing and postage).

As part of the elections process, the City must adopt a resolution calling for, providing for, and giving notice of

the General Municipal Election. If the City is to request election services from the County, it must pass a

resolution requesting approval from the Lake County Board of Supervisors. The attached resolution meets both

of these requirements.

OPTIONS:

The City Council could provide other direction.

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:


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Meeting Date: 06/07/2016 Page 2 Agenda Item #VII.A.1.

SUGGESTED MOTIONS:

Move to adopt a Resolution calling for and providing for, and giving notice of the General Municipal Election to

be held in the City of Lakeport, County of Lake, State of California, on the 8th Day of November, 2016, for the

purpose of electing three (3) City Council Members, each to hold office for a term of four years, or until their

successors are elected and qualified, requesting consolidation of that election with the State General Election

and requesting approval of the Lake County Board of Supervisors for election services to be provided by the

County Elections Official.

Attachments: 1.

Resolution Calling for General Municipal Election


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RESOLUTION NO. ____(2016)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKEPORT CALLING FOR AND

PROVIDING FOR AND GIVING NOTICE OF THE GENERAL MUNICIPAL ELECTION TO BE HELD IN

THE CITY OF LAKEPORT, COUNTY OF LAKE, STATE OF CALIFORNIA, ON THE 8TH DAY OF

NOVEMBER, 2016, FOR THE PURPOSE OF ELECTING THREE (3) CITY COUNCIL MEMBERS, EACH

TO HOLD OFFICE FOR A TERM OF FOUR YEARS, OR UNTIL THEIR SUCCESSORS ARE ELECTEDAND QUALIFIED, REQUESTING CONSOLIDATION OF THAT ELECTION WITH THE STATE

GENERAL ELECTION AND REQUESTING APPROVAL OF THE LAKE COUNTY BOARD OF

SUPERVISORS FOR ELECTION SERVICES TO BE PROVIDED BY THE COUNTY ELECTIONS OFFICIAL

WHEREAS, the general municipal election of the City of Lakeport is scheduled for November 8,

2016; and

WHEREAS, the interests of efficiency call for the consolidation of that election with the state

general election to be held that same date; and

WHEREAS, the City Council requests to obtain services from the Lake County Clerk for theconduct of that election.

RESOLVED, by the City Council of the City of Lakeport as follows:

Section 1. The General Municipal Election is hereby called and ordered to be held in the City of

Lakeport, County of Lake, State of California, on the 8th day of November, 2016, for the purpose of

electing three (3) members of the City Council, each to hold office for a term of four (4) years, or until

their successors are elected and qualified, to fill the vacancies that will arise with the expiration of the

terms of the following City Council Members: (i) Kenneth Parlet, (ii) Martin Scheel, and (iii) Marc

Spillman.

Section 2. The General Municipal Election hereby called and ordered to be held, shall be held

and conducted, and the votes thereat received and canvassed, and the returns thereof made, and the

result hereof ascertained, determined, and declared as