061813 lakeport city council agenda packet

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Any person may speak for three (3) minutes on any agenda item; however, total public input per item is not to exceed 15 minutes, extended at the discretion of the

City Council. This rule does not apply to public hearings. Non-timed items may be taken up at any unspecified time.

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

II. PLEDGE OF ALLEGIANCE:

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

Urgency Items: To add item, Council is required to make a majority decision that an urgency e

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

action arose subsequent to the Agenda being posted.

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

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

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. Warrants: Approve warrant register from June 12, 2013.

C. Minutes: Approve minutes of the regular City Council meeting of June 4, 2013.

D. Resolution Authorizing Signatory for

CDGB Grant Documents:

Adopt a Resolution authorizing the City Manager to execute documents on beh

of the City of Lakeport for CDBG Grant #09-EDEF-6531.

E. Letter of Support: Approve a letter of support for the appointment of the City of Lakeport Financ

Director, Daniel Buffalo, to the California Tax Credit Allocation Committee

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 tonights agenda. Persons wishing to address the City Council are required to complete

Citizens Input form and submit it to the City Clerk prior to the meeting being called to order. While not required

please state your name and address for the record. NOTE: Per Government Code 54954.3(a), the City Council ctake action or express a consensus of approval or disapproval on any public comments regarding matters which

appear on the printed agenda.

VI. PUBLIC HEARING:

A. Medical Marijuana Cultivation

Ordinance

Adopt the proposed Ordinance adding Title 17, Chapter 17.38, to the Lakeport

Municipal Code related to the establishment of regulations pertaining to the

cultivation of medical marijuana.

B. Community Development Block Grant

Close Out

Conduct a public hearing to review the Community Development Block Grant #

EDEF-6531

VII. COUNCIL BUSINESS:

A. City Manager

1. Resolutions Adopting Annual

Budget for Fiscal Year 2013-

2014 and Establishing the

Fiscal Year 2013-2014

Appropriations Limit

Adopt a resolution adopting the recommended budget for fiscal year 2013-201

and a resolution establishing the fiscal year 2013-2014 appropriations limit for

City of Lakeport.

2. Request to Conduct Zumba

Classes in Library Park

Consider request by Melissa Maberry to utilize Library Park and the Gazebo to

conduct Zumba classes.

B. Planning Services Manager

1. Mobile Catering Ordinance Introduce an Ordinance to revise regulations pertaining to Mobile Catering

Businesses (Lakeport Municipal Code Ch. 5.20), and consideration of

accompanying fee Resolution.

AGENDAREGULAR MEETING OF THE LAKEPORT CITY COUNCILTuesday, June 18, 2013

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


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City Council Agenda of June 18, 2013 Page 2

C. Police Chief

1. Information Technology

Contract

Consider authorizing a contract between the City of Lakeport and the County o

Lake for a Police Department server upgrade.

D. Public Works Director

1. Sewer Consumption Allotment

Increase

Consider an option to increase the commercial sewer allotment from 8 units to

units.

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 Clerks Office at

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

staffs ability to post the documents before the meeting.

n compliance with theAmericans with Disabilities Act, the City of Lakeport will make available to members of the public any special assistance necessary to participate in

meeting. The public should contact the City Clerks Office at (707) 263-5615 to make such a request. Notification 72 hours prior to the meeting will enable the City to ma

reasonable arrangements to ensure accessibility to this meeting.

_______________________________________

Kelly Buendia, Acting City Clerk
http://www.cityoflakeport.com/http://www.cityoflakeport.com/http://www.cityoflakeport.com/http://www.cityoflakeport.com/


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LAKEPORT CITY COUNCIL

REGULAR MEETINGTuesday, June 04, 2013

I. BUDGET WORKSHOP: The budget workshop commenced at 4:34 p.m.

The draft budget document was presented by Finance Director Buffalo. The Ci

Council asked questions of staff. Mark Brannigan spoke about the addition of Maintenance Specialist position.

The budget workshop was closed at 5:45 p.m.

II. CALL TO ORDER & ROLL CALL: Mayor Engstrom called the regular meeting of the City Council of the City of

Lakeport to order at 6:00 p.m. with Council Members Stacey Mattina, Martin

Scheel, Kenneth Parlet, and Marc Spillman present.

III. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Mike Adams.

IV. ACCEPTANCE OF AGENDA: A motion was made by Council Member Parlet, seconded by Council Member

Scheel, and unanimously carried by voice vote to accept the agenda as present

Urgency Items: There were no urgency items

V. CONSENT AGENDA:

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


B. Minutes: Approve minutes of the regular City Council meeting of May 21, 2013.

C. Warrants: Approve warrant register from May 30, 2013.

D. Fireworks Plan Receive and file staff report including Police Operation Plan for Illegal Firework

E. Application No. 2013-011 Approve Application No. 2013-011 for Sponsoring Survivorship to holds its ann

walk/run on October 5, 2013, to assist Lake County women and men in their

battle against breast cancer.

F. Application No. 2013-012 Approve Application No. 2013-012 for the Annual Opening Day of the Fair Para

to be held August 29, 2013.

G. Reappointment to Parks and RecreationCommission

Reappoint Lynn Andre to the Parks & Recreation Commission.

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

Mattina and unanimously carried by voice vote to approve the Consent Agend

Items A through G, as posted.

VI. PUBLIC PRESENTATIONS/REQUESTS:

A. Citizen Input: Carol Hayes of Lakeport Main Street Association invited the Council to attend a

dedication of the historic street signs. The Soper Reese Theatre was presented

with the Business of the Quarter award. Mike Adams thanked the Soper Reese

committee members. Council member Spillman honored Carol Hayes for her

service with the Lakeport Main Street Association.

Melissa Maberry addressed the Council regarding allowed activities in Library

Park. She wishes to hold a Zumba class in Library Park. Council directed staff tbring this issue back to Council as an agenda item.

VII. PUBLIC HEARING:

A. Community Development Block Grant

Close Out

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

Mattina, and unanimously carried by voice vote to continue the scheduled Pub

Hearing onCommunity Development Block Grant Close Out of 09-EDEF-6531 tJune 18, 2013.


A. Miscellaneous Reports, if any: Council member Parlet attended the Clean Water Advisory Council meeting. H

complimented Betsy Cawn for being well informed. He also spoke with the

Wood and Glory organizers.

Council member Scheel will attend the League of California Cities meetings nex

week in Sacramento.

MINUTES


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Lakeport City Council Agenda of January 15, 2013 Page 2

Council member Mattina will attend the Area Planning Council meeting next

week.

Council member Spillman will be attending LMSA and Fire Board meetings. He

participated in the Memorial Day Parade.

City Manager Silveira stated she will attend legislative committee meetings ne

week.

City Attorney Brookes said the Rivero/RIMS litigation will take place in

Mendocino County.Finance Director Buffalo is attending the Government Finance Officer Associat

conference in San Francisco.

Public Works Director Brannigan stated that ADA access is completed for Main

Street. There has also been paving at Main Street and Martin. The pool is ope

for the season.

IX. ADJOURNMENT: Mayor Engstrom adjourned the meeting at 6:35 p.m.

_______________________________________ _______________________________________

KELLY BUENDIA, Acting City Clerk THOMAS ENGSTROM, Mayor


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Meeting Date: June 18, 2013 Page 1 Agenda Item #IV.D.

CITY OF LAKEPORT

City CouncilCity of Lakeport Municipal Sewer District

STAFF REPORT

RE: Adoption of Resolution Authorizing the City Manager toExecute Grant Documents

MEETING DATE: 06/18/2013

SUBMITTED BY: Margaret Silveira, City Manager

PURPOSE OF REPORT: Information only Discussion Action Item

WHAT IS BEING ASKED OF THE CITY COUNCIL/BOARD:

To adopt the attached Resolution authorizing the City Manager to execute Community Development Block

Grant documents for Grant #09-EDEF-6531.

BACKGROUND:

In 2008, the City Council authorized the application for, and the City was later awarded, an EconomicDevelopment grant with the purpose of making low-interest business loans to local businesses. At the timeof application, the Redevelopment/ Housing and Economic Development Director were authorized toexecute all grant documents on behalf of the City of Lakeport.

Since the position of Redevelopment/ Housing and Economic Development Director no longer exists, theState Community Development Block Grant office is requiring the adoption of a new Resolution

authorizing another City position to execute documents.

DISCUSSION:

The grant documents needing to be executed at this time are the close out documents, as this grant hasexpired, and, more importantly, the funds request, which will reimburse the City for GeneralAdministration costs associated with the grant.

OPTIONS: N/A.

FISCAL IMPACT:

None $20,000 (revenue) Account Number: Comments: Reimbursementof up to $20,000 for general administration.

SUGGESTED MOTIONS:

Move to adopt the attached Resolution authorizing the City Manager to execute documents on behalf of theCity of Lakeport for CDBG Grant #09-EDEF-6531.


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Meeting Date: June 18, 2013 Page 2 Agenda Item #IV.D.

Attachments: Resolution


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RESOLUTION NO. ________ (2013)

A RESOLUTION OF THE LAKEPORT CITY COUNCIL AUTHORIZING THE

CITY MANAGER TO EXECUTE DOCUMENTS RELATED TO THE 2009

STATE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM

BE IT RESOLVED by the City Council of the City of Lakeport as follows:

SECTION 1.

1) In 2008 the City of Lakeport applied for and was later awarded a CommunityDevelopment Block Grant for the purpose of making business loans available tolocal businesses. At that time, the Redevelopment, Housing, and EconomicDevelopment Director was authorized by the City Council to execute grantdocumentation.

2) As the position of Redevelopment, Housing, and Economic Development Directorno longer exists, the State is requiring that the City Council authorize by Resolutionanother City position to execute documents for Grant #09-EDEF-6531.

SECTION 2.

The City Manager is hereby authorized and directed to act on the City's behalf in all matters,including the execution of documents, pertaining to Grant #09-EDEF-6531.

NOW, THEREFORE,

This Resolution was passed by the City Council at a regular meeting on June 18,

2013, by the following vote:

AYES:NOES: ABSENT: ABSTAINING:

____________________________TOM ENGSTROM, MAYORCity of Lakeport

ATTEST:

_________________________JANEL M. CHAPMANCity ClerkCity of Lakeport


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

June 18, 2013

Honorable John A. PrezSpeaker of the California State Assembly

State Capitol, Room 219

Sacramento, CA 95814

Speaker Prez:

The City Council of the City of Lakeport offers its support for the application of our

Finance Director, Daniel Buffalo, to the California Tax Credit Allocation Committee as your

appointed representative. Through funding opportunities provided by Community DevelopmentBlock Grants (CDBG) and federal HOME programs, we have placed significant emphasis on

meeting the housing needs of our community, particularly the poor and elderly. Dan has

managed the fiscal administration of these programs soundly.

He is an integral part of the Citys management team and serves well in his function as its

Chief Financial Officer. His experience, educational background, and professional interests willbenefit this association.

Sincerely,

Thomas Engstrom, Mayor


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Meeting Date: 06/18/2013 Page 1 Agenda Item VI. A.

CITY OF LAKEPORTCity Council

Lakeport Redevelopment AgencyCity of Lakeport Municipal Sewer District

STAFF REPORT

RE: Second reading and adoption of an Ordinance to establishregulations pertaining to the cultivation of medical marijuanain the Citys residential zoning districts.


SUBMITTED BY: Andrew Britton, Planning Services Manager


WHAT IS BEING ASKED OF THE CITY COUNCIL/AGENCY/BOARD:

The City Council is asked to: 1.) Adopt the proposed Ordinance, which will amend the Citys ZoningOrdinance (Title 17, Lakeport Municipal Code) to add Chapter 17.38 and establish regulations pertaining tothe cultivation of medical marijuana in the City's UR, R-1, R-2, R-3 and R-5 residential zoning districts; and2.) Hold a public hearing for the second reading and adoption of the Ordinance.

BACKGROUND:

The proposed Ordinance was first introduced to the City Council at a public meeting on May 21, 2013.Several members of the public provided comments on the Ordinance but the City Council did notrecommend any revisions to the proposed regulations. Staff was directed to schedule a public hearing andsecond reading of the Ordinance for the June 18, 2013 City Council meeting.

The May 21, 2013 Staff Report to the Council is attached to this report (Exhibit 1) and provides extensivebackground and discussion regarding the proposed Ordinance.

DISCUSSION:

The proposed Ordinance is also attached to this report (Exhibit 2) and is the same document that wasintroduced to the Council in May.

OPTIONS:

1. Approve and adopt Ordinance 889 (2013) establishing regulations related to the cultivation of medical

marijuana in the Citys residential zoning districts.2. Do not approve but provide direction to staff.

FISCAL IMPACT:

None $ Account Number: Comments:

No significant fiscal impacts are anticipated as a result of the proposed modifications to the ZoningOrdinance. Typical expenses related to the ordinance publication and codification will be incurred.

SUGGESTED MOTION:


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Meeting Date: 06/18/2013 Page 2 Agenda Item VI. A.

Move that the City Council adopt Ordinance 889 (2013) amending Title 17 of the Lakeport Municipal Coderelated to the establishment of regulations related to the cultivation of medical marijuana in the City'sresidential zoning districts.

Attachments: Exhibit 1: City Council Staff Report (May 21, 2013)

Exhibit 2: Proposed Ordinance #889


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Meeting Date: 5/21/2013 Page 1 Agenda Item #


Lakeport Redevelopment AgencyCity of Lakeport Municipal Sewer District

STAFF REPORT

RE: Introduction of an Ordinance to establish regulationspertaining to the cultivation of medical marijuana in the Citysresidential zoning districts.


SUBMITTED BY: Andrew Britton, Planning Services Manager


WHAT IS BEING ASKED OF THE CITY COUNCIL:

The City Council is asked to: 1.) Introduce the proposed Ordinance,which will amend the Citys ZoningOrdinance (Title 17, Lakeport Municipal Code) to add Chapter 17.38 and establish regulations pertaining tothe cultivation of medical marijuana in the City's UR, R-1, R-2, R-3 and R-5 residential zoning districts; and2.) Set a public hearing date for second reading and adoption of the Ordinance.

BACKGROUND:

In recent years the City has received numerous complaints from Lakeport residents regarding the cultivationof medical marijuana. The Police Department has conducted checks at numerous locations in the City andhas received reports of thefts or attempted thefts of medical marijuana. In 2007, the City adopted anordinance (Municipal Code Chapter 9.24) which completely prohibits marijuana cultivation inside the City.The Citys current regulations do not follow State law (Health and Safety Code Section 11362.5 et. seq.,known as the Compassionate Use Act of 1996 or CUA and Health and Safety Code Section 11362.7 et.seq., known as the Medical Marijuana Program Act or MMPA) and therefore are basically unenforceableand subject to legal challenges.

Outdoor cultivation of marijuana has caused Lakeport residents to complain about very strong pungentodors (a skunk-like odor) from maturing plants that encroach into their adjacent outdoor yard areas. Thestrength of the odor is reported to be so strong as to deprive them of enjoyment of their yards. Complaintshave also been received from residents of adjacent units in multifamily residences complaining of obnoxiousodors from indoor marijuana cultivation. Damage to the interior of residences from the odor, mold andwater has been reported by landlords. Most of these hazards are particularly acute in the fall as the plants

mature before harvest. Indoor marijuana cultivation can also occur throughout the year causing continualodor problems and other related issues (mold growth, interior moisture damage and increased fire hazards).

As a result of the nuisance complaints and other public safety issues associated with the cultivation ofmarijuana in our community, the City Council directed City staff to develop a new marijuana cultivationordinance that is consistent with the applicable State laws regarding medical marijuana but containsreasonable regulations that are designed to address public safety concerns and potential nuisance issuesassociated with the cultivation of medical marijuana.

Several City staff members, including representatives from the Community Development and PoliceDepartments, met in November 2012 to discuss the development of a new ordinance. Medical marijuana

Exhibit 1


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cultivation ordinances from other California cities and counties were reviewed and there was a consensusthat the cultivation ordinance adopted by the City of Anderson was a good starting point. The City ofAndersons ordinance prohibits medical marijuana cultivation inside a residence and allows up to 50 squarefeet of medical marijuana cultivation to take place in a detached accessory building that is secured andprovided with odor control filters.

On February 5, 2013, a draft marijuana cultivation ordinance was to be considered by the City Council.

However, due to the fact that the proposed ordinance will be a chapter of the Citys Zoning Ordinance,State law and the Citys Municipal Code requires it to be reviewed and approved by the PlanningCommission prior to consideration by the City Council. Although the City Council did not formally reviewthe draft ordinance in February, the Council requested the formation of an ad-hoc committee consisting oftwo City Council members, City staff and residents of Lakeport who expressed an interest in this issue.

A committee was formed and began meeting in early March. The committee included City staff (PlanningServices Manager, Police Chief and Building Official), two City Council members, and three Lakeportresidents. The City Attorney also attended the committee meetings as a non-voting member and served aslegal counsel.

The committee met a total of four times in March and April. The draft ordinance prepared by City staff wasreviewed as were other cultivation ordinances and a wide variety of information related to medical marijuana

cultivation. The background materials reviewed by the committee have been shared with the PlanningCommission and City Council and a web link to these materials has been posted on the Citys website(Planning Commission homepage, current staff reports and background information folder). Thebackground documents can also be accessed via this link:https://www.dropbox.com/sh/2zsp65l36j2we2w/qafEJXGja6

Ken Wells, Chief of the Lakeport Fire Protection District, attended the March 20th meeting and provided aletter describing his agencys position on indoor marijuana cultivation activities. The letter is posted on theCitys website and states that indoor cultivation (inside a residence) is a public safety problem and that theChief opposes these activities. The letter includes many examples of residential fires related to indoorcultivation, including one in the Lakeport Fire District and many others around Lake County.

The initial draft ordinance was revised based on recommendations from the committee members.Significant changes in the original draft ordinance that were approved by the committee included:

New definitions and minor changes to definitions included in the original ordinance. New and/ormodified terms include: child care center; cultivation; detached, enclosed, secure structure;indoors; outdoors; rear yard; residential structure; school; and solid fence.

Added subsection 3. to Section 1. B. (Intent). New language states that it is the Citys intent toenforce the provisions of the ordinance primarily on the basis of legitimate and verified complaintsrelated to nuisance conditions and/or other public safety issues. The Police Department supportedthis change but emphasized that this language, if approved, will not limit the Departments ability toact on serious violations that come to their attention without a complaint.

Increased the maximum allowable area for medical marijuana cultivation from 50 square feet to 80square feet.

Removed the specific wattage limit for medical marijuana cultivation lighting. New language statesthat the lighting shall comply with the California Building Code.

Removed requirement for an audible residential alarm system serving detached, secure and enclosedaccessory buildings used for the cultivation of medical marijuana.

Added language prohibiting the use of flammable/volatile gas products or generators within anydetached structure used for medical marijuana cultivation.
https://www.dropbox.com/sh/2zsp65l36j2we2w/qafEJXGja6https://www.dropbox.com/sh/2zsp65l36j2we2w/qafEJXGja6https://www.dropbox.com/sh/2zsp65l36j2we2w/qafEJXGja6


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Removed several references to the word criminal in Section 1. G. (Enforcement) because thepossession and use of medical marijuana has been de-criminalized by the State of California.Violations of the ordinance are now deemed to be a citable offense rather than a criminaloffense and are subject to the issuance of an Administrative Citation which is defined as aninfraction.

Meeting notes from all four committee meetings are also posted on the Citys website and provide

additional details regarding the amendments to the draft ordinance recommended by the committee as wellas other discussion topics.

The committee held a final meeting on April 17 at which time the revised draft ordinance was reviewed andunanimously approved to be referred to the Planning Commission for their consideration.

The Lakeport Planning Commission conducted a properly-noticed public hearing on May 8, 2013 to reviewthe draft ordinance make a recommendation to the City Council as required by the Citys Municipal Code.As noted in the Minute Order of the May 8 meeting (see Exhibit 1), the Commission heard testimony fromseveral interested parties including two Lakeport residents who served on the cultivation ordinancecommittee.

Following the public hearing, the Planning Commission recommended several revisions to the draft

ordinance and unanimously voted to recommend adoption of the revised ordinance to the City Council.Please refer to the attached Minute Order for the specific revisions recommended by the PlanningCommission. The Planning Commissions recommendation to the City Council was based on a finding thatadoption of the ordinance is in the best interest of the City and its residents.

The draft ordinance has been revised to incorporate the recommended changes and is attached (Exhibit 2)for consideration by the City Council.

DISCUSSION:

This proposed ordinance restricts the cultivation of medical marijuana in residential zoning districts todetached, enclosed and secure accessory buildings; limits the cultivation area to a maximum of 80 squarefeet; requires security and odor control measures to be in place; addresses the proximity of marijuana

cultivation activities to schools, parks and childcare facilities; and includes other measures intended toaddress the potential problems associated with the cultivation of medical marijuana.

As described in the Staff Report presented to the Planning Commission (Exhibit 3), the proposed ordinanceis the result of substantial input by the affected stakeholders, including City staff, elected officials, andproponents/advocates for the use and/or cultivation of medical marijuana. Staff believes the proposedordinance achieves an appropriate balance between the applicable State laws (the CUA and MMPA)governing the cultivation of medical marijuana and the Citys legal right to establish reasonable regulationsthat promote public health and safety and the right for residents to be comfortable and free of nuisanceodors or other detrimental effects resulting from marijuana cultivation.

OPTIONS:

1. Introduce the proposed Ordinance and set a public hearing date for its second reading and adoption.

2. Propose revisions to the draft Ordinance and request that it be returned to the City Council for furtherdiscussion.

FISCAL IMPACT:

None $ Account Number: Comments:


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No significant fiscal impacts are anticipated as a result of the proposed modifications to the ZoningOrdinance. Typical expenses related to the public hearing notice, ordinance publication and codificationwill be incurred.

Positive fiscal impacts may be realized given that there will be fewer marijuana-related nuisance conditionsin our community. The medical marijuana cultivation regulations may attract new residents to the City andproperty tax and other revenue increases are a possibility.

SUGGESTED MOTIONS:

Move that the City Council introduce the proposed Ordinance adding Title 17, Chapter 17.38 of theLakeport Municipal Code related to the establishment of regulations pertaining to the cultivation of medicalmarijuana and set a public hearing and second reading for June 18, 2013, at 6:00 p.m.

Attachments:Exhibit 1: Planning Commission Minute Order (May 8, 2013 meeting)Exhibit 2: Proposed Medical Marijuana Cultivation OrdinanceExhibit 3: Planning Commission Staff Report (May 8, 2013)


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Exhibit 2

1

ORDINANCE NO. 889 (2013)

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKEPORT

ENACTING CHAPTER 17.38 OF THE LAKEPORT MUNICIPAL CODE,REGARDING MEDICAL MARIJUANA CULTIVATION

WHEREAS, the City of Lakeport Municipal Code establishes rules and regulations for livingand doing business within city limits, and;

WHEREAS,Health and Safety Code Section 11362.5 et. seq., known as the CompassionateUse Act of 1996, (CUA), adopted by the voters in the State of California, allows a person to usemarijuana for medical purposes with a doctors recommendation without violating state criminallaws concerning the use, possession or cultivation of marijuana, and;

WHEREAS, Health and Safety Code Section 11362.7 et. seq., known as the MedicalMarijuana Program Act, (MMPA), was adopted by our state legislature and offers some clarificationon the scope of the Compassionate Use Act of 1996 and allowed cities and other governing bodiesto adopt and enforce rules and regulations related to medical marijuana, and;

WHEREAS, the City may impose regulations to ensure the safety of our residents, beingcareful not to unreasonably limit the rights of qualified patients under the CUA and MMPA, and;

WHEREAS, numerous locations in the city have had reports of thefts or attempted thefts ofmedical marijuana, and;

WHEREAS, cultivation of medical marijuana inside of residences and attached garages createthe potential for risk of fire related to the improper use or modification of electrical systems, and;

WHEREAS, medical marijuana growth can pose significant safety risks for surroundingneighbors, and can cause nuisances associated with the odor of the marijuana plants and publicsafety issues concerning theft of plants, and;

NOW, THEREFORE, BE IT ORDAINED AS FOLLOWS:

Section 1. The City Council of the City of Lakeport does hereby add the following Chapter to theMunicipal Code:

Chapter 17.38 Medical Marijuana Cultivation

A. Legislative Findings.

The City Council finds as follows:1. In 1996, the voters of the State of California approved Proposition 215 which was

codified as California Health and Safety Code Chapter 11362.5, and entitled "TheCompassionate Use Act of 1996" ("the Compassionate Use Act" or CUA).

2. The intent of the Compassionate Use Act was to enable persons who are in need ofmarijuana for medical purposes to obtain and use it under limited, specificcircumstances, without being subject to criminal prosecution under certain statestatutes.


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Lakeport Ordinance #889 / Medical Marijuana Cultivation

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3. On January 1, 2004, Senate Bill 420, codified as California Health and Safety CodeChapters 11362.7 et seq. and entitled The Medical Marijuana Program, (MMP)became effective to clarify the scope of the Compassionate Use Act.

4. California Health and Safety Code Chapter 11362.83 expressly allows Cities andCounties to adopt and enforce ordinances that are consistent with Senate Bill 420.

5. The City of LAKEPORT has adopted a Zoning Ordinance identified as Title 17(Zoning) of the City of LAKEPORT Municipal Code.

6. Prior to the enactment of this Chapter, there were no regulations addressingCultivation of Medical Marijuana in the Zoning Ordinance.

7. The City of LAKEPORT with a population of 4,622 (January 1, 2012) is a small townwith a high percentage of non-owner occupied residential units. Landlords havecomplained of damage caused by unauthorized cultivation activities in their rentalproperties.

8. The City of LAKEPORT Police Department, City residents and other public entitieshave reported adverse impacts from Medical Marijuana cultivation, includingdisagreeable odors; increased risk of burglary and other property crimes; and acts ofviolence in connection with the commission of such crimes or the occupants attemptsto prevent such crimes.

9. The creation of persistent strong odors as marijuana plants mature and flower isoffensive to many people and creates an attractive nuisance, alerting persons to thelocation of valuable marijuana plants and creating an increased risk of crime.

10. The indoor cultivation of substantial amounts of marijuana also frequently requiresexcessive use of electricity, which often creates an unreasonable risk of fire from theelectrical grow lighting systems used in indoor cultivation.

11. Children are particularly vulnerable to the effects of marijuana use, and the presence ofmarijuana plants has proven to be an attractive nuisance for children, creating anunreasonable hazard in areas frequented by children including schools, child carecenters, parks, and other similar locations.

12. The City Council finds and determines that the enactment of this Chapter is exemptfrom environmental review pursuant to California Environmental Quality ActGuidelines Chapter 15061(b)(3) in that there is nothing in this Chapter or itsimplementation that could have a foreseeable significant effect on the environment.

B. Intent.

1. The City Council of the City of LAKEPORT, pursuant to Chapter 17.38 of theLAKEPORT Municipal Code, hereby intends to regulate the cultivation of marijuana formedical purposes, including but not limited to, regulations as to location of thecultivation, size of the area used for cultivation, and the use of fencing or other screeningand security structures, to accommodate the needs of qualified patients and theircaregivers, and in furtherance of the public necessity, convenience and general welfare.Nothing in this Chapter shall be construed to authorize any use, possession, cultivation,or distribution of marijuana for non-medical purposes.

2. This Chapter is established to regulate Medical Marijuana cultivation in a manner thatmitigates potential impacts on surrounding properties and persons, and that is in


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conformance with the provisions of California Health and Safety Code Chapter 11362.5through 11362.83.

3. It is the intent of the City of LAKEPORT to enforce the provisions of this Chapterprimarily on the basis of legitimate and verified complaints received from the publicrelated to nuisance conditions and/or other public safety issues.

C. Applicability. The provisions of this Chapter shall apply to all persons and businessesdescribed herein whether the activities described herein were established before or after theeffective date of this Chapter. Title 17, Chapter 17.36 of the Municipal Code,Nonconforming Uses, shall not apply to preexisting land or building uses inconsistent withthe provisions of this Chapter.

D. Definitions.

Canopy means the total combined canopy area for all locations on a property wheremedical marijuana is being cultivated, including indoor areas, as measured by the horizontalextent of the plant or combination of plants at the widest point and measured in a straightline.

Child care center means any licensed child care center, daycare center, or childcarehome, or any preschool.

Cultivation means the planting, growing, harvesting, drying, or processing of marijuanaplants or any part thereof for medical use consistent with the Compassionate Use Act(Health and Safety Code Section 11362.5) or the Medical Marijuana Program Act (Healthand Safety Code Section 11362.7 et. seq.).

Detached, fully-enclosed and secure structure is a building completely detached froma residence that complies with the City of Lakeport Building and Zoning Codes and has acomplete roof enclosure supported by connecting walls extending from the ground to theroof, and is secure against unauthorized entry, and is accessible only through one or more

lockable doors.

Indoors means within a fully enclosed and secure structure.

Marijuana shall have the same meaning as that set forth in California Health and SafetyCode Chapter 11018.

"Medical Marijuana" means medical marijuana that has been recommended by a licensedphysician in strict accordance with California Health and Safety Code Chapters 11362.5through Chapter 11362.83, inclusive, commonly referred to as the Compassionate Use Actand the Medical Marijuana Program.

Outdoor means any location within the City that is not within a fully enclosed and securestructure.

Primary Caregivershall have the same definitionas California Health and Safety CodeChapter 11362.7(d), as may be amended.

Qualified Patient shall have the same definition as California Health and Safety CodeChapters 11362.7 (c) and (f), as may be amended.

Rear yard is the rear open space portion of any premises, whether fenced or unfenced.


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Residential structure is any building or portion thereof legally existing which containsliving facilities, including provisions for sleeping, eating, cooking and sanitation on apremises or legal parcel located within a residential or agricultural-residential zoning district.

School means an institution of learning for persons under twenty-one (21) years of age,whether public or private, offering regular course of instruction including, without limitation,

a kindergarten, elementary school, middle or junior high school, or senior high school.Solid fence means a fence constructed of substantial material (such as wood) thatprevents viewing the contents from one side to the other.

E. Regulation of Location.

1. Medical Marijuana cultivation shall be prohibited on any parcel within the incorporatedarea of the City of LAKEPORT except as an accessory use to a legally establishedresidence within a legal accessory structure on a legal parcel within the R-1, R-2, R-3,R-5 and UR zoning districts.

2. No medical marijuana cultivation is permitted within three hundred feet of any school,child care center, park or playground. The distance between any marijuana cultivationand any school, child care center, park or playground shall be measured in a straightline, without regard to intervening structures, from the closest exterior wall of thedetached accessory building in which the marijuana cultivation is occurring to theclosest property line where the other building or activity is conducted.

3. Except as provided in Chapter 17.38(E)(4), Medical Marijuana cultivation may beundertaken only by a qualified patient who must occupy the residence on the parcelproposed for cultivation as their primary residence.

4. A qualified primary caregiver, as defined, may undertake cultivation of MedicalMarijuana on behalf of his/her qualified patient(s), but only in a detached, fully-enclosed and secure accessory structure located on a parcel containing the primary

caregiversor qualified patients primary residence.

5. Cultivation shall only be permitted in a detached, fully-enclosed and secure accessorystructure and said cultivation area, including the plant canopy, shall be limited to 80square feet per parcel or residence, whichever is less. The cultivated marijuana may beused only by the qualified patient and not distributed, sold, given or transferred in anyway to any other person or organization.

6. The use of a detached, fully-enclosed and secure accessory structure for cultivation ofMedical Marijuana shall not reduce the required parking required per LakeportMunicipal Code Chapter 17.23..

7. Outdoor cultivation shall be unlawful and a public nuisance for any person owning,

leasing, occupying or having charge for possession of any parcel within any zoningdistrict in the City of LAKEPORT.

8. Indoor Cultivation within a residence shall be unlawful and a public nuisance withregard to any person owning, leasing, occupying or having charge for possession ofany parcel within any zoning district in the City of LAKEPORT.

F. Development and Operational Standards:

1. From a public right-of-way there shall be no exterior evidence of Medical Marijuanacultivation located inside a detached, fully-enclosed and secure accessory structure.


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2. The qualified patient or primary caregiver shall reside in the residence located on theparcel containing the detached, fully-enclosed and secure accessory structure where theMedical Marijuana cultivation occurs.

3. The qualified patient or primary caregiver shall not cultivate Medical Marijuana in anyother location within the incorporated City of LAKEPORT other than in the

accessory structure located on the parcel containing his/her primary residence.4. The qualifying residence located on the property containing the detached, fully-

enclosed and secure accessory structure in which Medical Marijuana is cultivated shallmaintain kitchen, bathrooms, and primary bedrooms for their intended use and shallnot be used for Medical Marijuana cultivation.

5. Medical Marijuana cultivation shall not adversely affect the health or safety of nearbyresidents by creating dust, glare, heat, noise, noxious gasses, odor, smoke, traffic,vibration, or other impacts, or be hazardous due to use or storage of materials,processes, products or wastes.

6. Residential accessory structures used for cultivation shall meet the following criteria:

o The structure shall be provided with a locking door or doors.o If a secure structure is not feasible and the cultivation building is an unsecured

structure then it shall additionally be surrounded by a secure solid six (6) foothigh fence located within ten (10) feet of the unsecured structure and equippedwith a lockable gate.

o The structure shall be located in the rear yard portion of the lot and maintain aminimum of a ten (10) foot setback from the side and rear property lines andfrom any other building on the parcel.

o Any accessory structure utilized for cultivation of marijuana shall be legallyconstructed with a building permit if it exceeds 120 square feet of size. No morethan 80 square feet of floor area shall be used for the cultivation of marijuana.The plant canopy shall be contained within the 80 square feet of floor area. Allelectrical and plumbing fixtures shall be installed with a valid building permitfrom the City. Such building permits will only be issued to the owner of theproperty. If the resident is proposing to convert an existing accessory structure,or a portion of an existing structure, for cultivation of marijuana, an inspectionwill be required to ensure compliance with the ordinance.

o Medical Marijuana cultivation lighting shall comply with the California Building,Electrical and Fire Codes as adopted by the City.

o Flammable or volatile gas products or generators shall not be used within anydetached structure used for the cultivation of medical marijuana.

o Any detached, fully-enclosed and secure structure used for the cultivation ofmedical marijuana must have a ventilation and filtration system installed thatshall prevent nuisance marijuana plant odors from exiting the interior of thestructure. If a permanent, built-in ventilation and filtration system is installed, itshall be subject to the issuance of a building permit, approval by the BuildingOfficial and must be installed prior to commencing cultivation within thedetached, fully-enclosed and secure structure.


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o Accessory structures utilized for cultivation shall be ventilated with odor controlfilters, and shall not create an odor, humidity or mold problem on the subjectproperty or adjacent properties.

o Other activities may occur within a detached fully-enclosed and secure accessorystructure where medical marijuana is cultivated provided that the cultivation area

within the structure, including the plant canopy, does not exceed 80 square feetof floor area and further provided that the cultivation area is segregated from allother building uses by permitted walls and all other conditions of this Chapterare satisfied.

7. Wherever Medical Marijuana is grown, a copy of a current and valid, State-issuedmedical marijuana card or a current and valid physicians recommendation for medicalmarijuana must be kept available to immediately present to officers of the City and lawenforcement officers upon request.

8. Nothing in this Chapter shall be construed as a limitation on the Citys authority toabate any nuisance which may exist from the planting, growing, harvesting, drying,

processing or storage of marijuana plants or any part thereof from any location, indooror outdoor, including from within a detached, fully-enclosed and secure structure.

G. Enforcement.

1. Right of Entry: Persons designated by resolution as Code Enforcement Officers ofthe City are authorized to enter upon and inspect private properties to ensurecompliance with the provisions of Chapter 17.38 of the LAKEPORT Municipal Code.Reasonable advance notice of any such entry and inspection shall be provided and,before entry, consent shall be obtained in writing from the owner or other person inlawful possession of the property. If consent cannot for any reason be obtained, aninspection warrant shall be obtained from a court of law prior to any such entry andinspection. In those cases where consent is denied, the City may seek to recover the

costs it incurs in obtaining a warrant from the property owner and/or person in lawfulpossession of the property.

2. Public Nuisance. The maintaining, cultivating or growing of marijuana upon privateproperty within the City of LAKEPORT, unless in full compliance with the provisionsof Chapter 17.38 of the LAKEPORT Municipal Code, is declared to be a publicnuisance as defined in Chapter 370 of the California Penal Code and Chapter 8.22 ofthe LAKEPORT Municipal Code.

3. Citable Offense: Every person who, in violation of the provisions of Chapter 17.38 ofthe LAKEPORT Municipal Code, maintains, permits or allows marijuana to be grownupon his or her property or premises, and every person occupying, renting or leasing

the property or premises of another who maintains, permits or allows marijuana to begrown thereon in violation of this Chapter is guilty of an infraction punishable as setforth in Chapter 1.08.010of the LAKEPORT Municipal Code. After written notice isprovided to any such person of such violation, the continued existence of suchviolation for each and every day after the service of such notice shall be deemed aseparate and distinct offense.

4. Issuance of Citations: All persons designated by resolution as Code EnforcementOfficers of the City are authorized to issue citations to persons deemed to be inviolation of the provisions of Chapter 17.38 of the LAKEPORT Municipal Code.


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Such citations shall be expeditiously processed through use of the Administrativecitation process or where appropriate through filing an infraction in the appropriatecourt of law.

5. Remedies Non-Exclusive. The remedies provided herein shall not be the exclusivemeans of enforcing the provisions of this Chapter nor the exclusive means available to

the City to address problems associated with the cultivation of marijuana, whether formedical or other purposes. The City shall continue to have available to it the ability topursue abatement of nuisances and other problems related to marijuana cultivationunder California Penal Code Chapters 372 and 373a and other applicable provisions oflaw. The City may also pursue the recovery of its abatement costs in the mannerprovided by the LAKEPORT Municipal Code.

H. Liability.

The provisions of this Chapter shall not be construed to protect the property owner(s) ofrecord for each legal parcel associated with the cultivation of Medical Marijuana, lessees,tenants, and other participants in the cultivation of Medical Marijuana, and members of

collectives and/or cooperatives associated with the cultivation of Medical Marijuana, fromprosecution pursuant to any laws that may prohibit the cultivation, sale, and/or possessionof controlled substances. Moreover, cultivation, sale, possession, distribution, and use ofmarijuana remain violations of federal law as of the date of adoption of the ordinancecreating this Chapter and this Chapter is not intended to, and does not protect any of theabove described persons from arrest or prosecution under those federal laws. The propertyowner(s) of record for each legal parcel associated with the cultivation of Medical Marijuana,lessees, tenants, and other participants in the cultivation of Medical Marijuana, and membersof collectives and/or cooperatives associated with the cultivation of Medical Marijuana,assume any and all risk and any and all liability that may arise or result under state and federalcriminal laws from the cultivation of marijuana. Further, to the fullest extent permitted bylaw, any actions taken under the provisions of this Chapter by any public officer or employee

of the City of LAKEPORT or City of LAKEPORT itself, shall not become a personalliability of such person or the liability of the City of LAKEPORT.

Section 2.

If any provisions of this ordinance or its application to any person or circumstance are held invalid,the invalidity does not affect other provisions or applications of this ordinance that can be giveneffect without the invalid provision or application, and to this end the provisions of this ordinanceare severable.

Section 3.

All former ordinances including but not limited to Chapter 9.24 and resolutions, or parts thereof,

conflicting or inconsistent with the provisions of this ordinance are hereby repealed.Section 4.

This Ordinance shall be published in a newspaper of general circulation in the City of LAKEPORT,in the manner provided by Chapter 36933 of the Government Code of the State of California, andshall be effective 30 days after its passage.

The foregoing Ordinance was introduced at a regular meeting of the City Council of the City ofLAKEPORT held on May 21, 2013 and duly adopted at a regular meeting and public hearing of theCity Council of the City of LAKEPORT held on June 18, 2013 by the following vote:


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AYES:NOES:ABSTAIN:ABSENT:

___________________________Thomas Engstrom, Mayor

ATTEST: APPROVED AS TO FORM:

_______________________________ ___________________________KELLY BUENDIA, Deputy Clerk STEVEN J. BROOKES, City Attorney


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Meeting Date: June 18, 2013 Page 1 Agenda Item #VI.B.

CITY OF LAKEPORT

City CouncilCity of Lakeport Municipal Sewer District

STAFF REPORT

RE: Public Hearing to Review the Community Development BlockGrant #09-EDEF-6531




WHAT IS BEING ASKED OF THE CITY COUNCIL/BOARD:

Open public hearing to review the Final Grantee Performance Report (disclosure of accomplishments) for

the Business Loan Program Community Development Block Grant #09-EDEF-6531.

BACKGROUND/ DISCUSSION:

The City of Lakeport entered into an agreement with Community Development Services (CDS) to providebusiness loan services for Community Development Block Grant #09-EDEF-6531 on November 15, 2011.The purpose of the business loan program is to provide financing at a lower than market interest rate withflexible terms to City businesses that in turn must create one full time job for every $35,000 loaned to them.The agreement for services ended March 31, 2013.

Summation of Activities

The following is a summation and aggregations of activities we pursued under the services agreement. Noloans were closed and no loan funds dispersed under this grant.

Business Type Loan size and purpose Interaction Outcome

Clothing Store

CPA/Tax Preparer

$70,00/Solar panel

Installation/Inventory

$250,000/BusinessPurchase

$35,000/Debt

Site visits, interviews

Financials, forecasts

Draft proposal prep

Project and Programreview, application,forecasts

Site visit, loan

Postponedimprovements untileconomy improves

Job requirementexceeded businesscapacity



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Auto Repair

Retail Sales

Auto & Truckcomponents

Beverage Sales

Beverage Tasting

Recreation

Storage Tanks

restructure

$250,000/Siteimprovements

$150,000/Businessexpansion

$15,000/Businessexpansion

$70,000/Businessconversion

$70,000/Newequipment

$250,000/new

equipment

$35,000/Start up cost

application, financials

Site visit, interviews,loan application,

financial review

Site visit, interviews,loan application,forecast, financials

Site visit, interviews,loan application,

forecast, financials


Site visit, interviews,application,preliminary financialreview

Interviews & meetings,review with bank


Site visit, interviews,application,preliminary financialreview



No new job creation


Found other financing

Postponed

No Job creation

Did not cash flow


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Snack Shop

Restaurant

Restaurant

Taxi Cab

Start up

$70,000/Newequipment

$100,000/Start up

Site visit

Interview, application

Did not cash flow

No completion ofdocumentation

Conclusion

The primary reason businesses could not utilize the program was the job creation requirement during thiseconomic recession

The grant documents needing to be executed at this time are the close out documents, as this grant has

expired, and, more importantly, the funds request, which will reimburse the City for GeneralAdministration costs associated with the grant.

OPTIONS:

N/A.

FISCAL IMPACT:

None Account Number: Comments:

SUGGESTED MOTIONS:

Move to approve the attached the Final Grantee Performance Report (disclosure of accomplishments) forthe Business Loan Program Community Development Block Grant #09-EDEF-6531 and authorize the CityManager to execute documents on behalf of the City of Lakeport for CDBG Grant #09-EDEF-6531.

Attachments: Final Grantee Performance Report for the Business Loan Program CommunityDevelopment Block Grant #09-EDEF-6531


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Public Hearing Notice for the June, 4, 2013 City Council Meeting

Agenda for the June 4, 2013 City Council Meeting, agenda item moved to June 18,2013 Council Meeting.

Closeout Certification of CDBG Grant No. 09-EDEF-06531


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Page 1 of 9

Grantee Performance Report

ECONOMIC DEVELOPMENT Report PeriodBusiness Assistance & Infrastructure

Commercial/Industrial Land Acquisition/Disposition (17A)Commercial Industrial Infrastructure Development (17B)Building Acquisition, Construction, Rehabilitation (17C)Other Commercial/Industrial Improvements (17D)ED Direct Financial Assistance for For-Profits (18A)Health Facilities - Jobs (03P)

Program Description IDIS cdbg 6

Check all statements that are applicable to this activity. This activity will include:a. One-for-One Replacement (Reconstruction) complete Appendix A.b. Public improvement activity for which a Special Assessment will be levied.c. Displacement of household, business, farms, nonprofits, complete Appendix B.d. The activity is designed to generate program incomee. The designation of an economic development "Favored activity".

f. The funding of Colonia(s).g. Brownfield Activity Indicate the number of remediated acres:h. Historic Preservation Area.i. Presidential Declared Disaster.l. Limited Clientele by Nature/Location or Presumed Benefit, complete Appendix C.m. A Subrecipient Agreement for this activity, complete Appendix D.n. A designation of Slum and Blight, complete Appendix E.o. How many Veterans (if any) are being assisted by this program or project?

Section 3

Economic Opportunities for Low & Very Low Income

Check box if the grant award is over $200,000 in CDBG funds.

Check box if you have a construction contract or subcontract

greater than $100,000.

Minority Contractor Information

Provide the total dollar amount of this activity that will be directed towards

Firms owned wholly or in substantial part by: Value of ContractMinority group membersWomenOther (Specify)

Standard Agreement

09-EDEF-6531

Rehabilitation Publicly/Private Commercial Industry (14E)

This section applies to Economic Development activities that facilitate the creation of business and jobs.Check off the activity you are reporting. If more than one activity is being reported, you will need to create aduplicate sheet. Do not use this page to report on Micro Enterprise activities, use page nine (9).

If both boxes are checked, you are required to comply with Section 3 reportingrequirements pursuant to HUD (24 CFR 135). Attach a Section 3 report and submitthe report with this GPR.

7/1/12 - 3/31/13

Pa e 9


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Page 2 of 9

TYPE OF ASSISTANCE IDIS cdbg 5

1. What type of financing was provided to the beneficiaries: Grants LoansNo loans or grants

2. Indicate the number of grants and/or loans provided this Report Period:

Grants Loans

3. Indicate the total number of grants and/or loans provided for the entire contract term:

Grants Loans

4. When assistance is provided in the form of loans, enter the terms of financing:

a. Amortized Loan:

b. Deferred Payment/

Forgiveness Loan:

DIRECT BENEFIT IDIS cdbg 8

All Hisp0 0

0 0

0 0

0 0

0 0

0 0

0 0

0 0

0 0

0 0TOTALS 0 0

Number of Female Head of Households

INCOME LEVELS IDIS cdbg 13

The number of employees based on income levels:

Employees Total all years

Extremely Low (


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Page 3 of 9

2 What number of jobs have employer sponsored health care benefits: IDIS cdbg 26 & 27

Created: 0 Retained: 0

3 What number were unemployed prior to the jobs created under this activity:

4 Indicate the type of jobs being created or retained:

Type of Jobs Created: Jobs Retained:

Officials and Managers 0 0

Professional 0 0Technicians 0 0

Sales 0 0

Office and Clerical 0 0

Craft Workers (skilled) 0 0

Operatives (semi-skilled) 0 0

Laborers (unskilled) 0 0

Service Workers 0 0

Ass istance To Business IDIS cdbg 28

1 Businesses assisted:

NEW EXISTING

0

0

0 0

0

0

2 Specify each New Business assisted & DUNS#: Specify each Existing Business assisted & DUNS#:

ACCOMPLISHMENT NARRATIVE:

Added Start-up Assisted this Report:The Total Existing Business Assisted

under this contract:Total Start-ups assisted under this

Contract:

Existing Business Assisted this ReportPeriod:

Start-ups Assisted Last Report:

Of the Total Existing BusinessesAssisted, what number are expanding

Of the Total Existing BusinessesAssisted, what number are relocating

Existing Businesses Assisted LastReport:


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Page 4 of 9

PUBLIC FACILITIES AND IMPROVEMENTS IN SUPPORT OF JOBSIf the activity has a matrix code from the 03 series (03A-03T) and creates jobs, than complete thefollowing questions:

IDIS cdbg 17B

1. Indicate the number of households assisted, according to the following:a. Total benefiting for the program year

b. Now have new access to this public facility (community facility) or

c. Now have improved access to this type of public facility (community facility)

or infrastructure improvement (public works):d. That are served by the public facility (community facility) or infrastructure

improvement (public works) that is no longer substandard:

2. If the activity provides beds and shelter to the homeless,

a. What number of homeless persons were given overnight shelter:

b. Indicate the number of beds created in overnight shelter or

other emergency housing:

infrastructure improvement (public works):


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Page 5 of 9

Grantee Performance Report Report Period

Appendix A - One for One Replacement

Replacement HousingIf multiple locations, please duplicate and make additional forms as necessary. IDIS cdbg 16Indicate the address of the units to be demolished-converted:

Demolished/ConvertedAddress

Indicate the number and type of bedroom units0/1 Zero or One bedroom unit Grant or Loan Agreement Executed Date:

Two Bedroom UnitsThree Bedroom UnitsFour Bedroom Units Demolition or Conversion Agreement Date:

5+ Five or more Bedroom Units

ReplacementAddress

Number of bedroom units0/1 Zero or One bedroom unit

Two Bedroom Units Date units will be available:Three Bedroom Units

Four Bedroom Units5+ Five or more Bedroom Units Date of any exception agreement:

Standard Agreement

09-EDEF-65317/1/12 -3/31/13


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Page 6 of 9


Appendix B - Displacement

Indicate the census tract of origin: IDIS cdbg 15

Indicate the City:

Race & Code All Hisp All Hisp AllWhite (11): 0 0 0 0 0 0

Black/African American (12): 0 0 0 0 0 0

Asian (13): 0 0 0 0 0 0American Indian/Alaskan Native (14): 0 0 0 0 0 0

Nat.Hawaiian/Oth Pacific Isl (15): 0 0 0 0 0 0Am. Indian/Alaskan Nat. &White (16): 0 0 0 0 0 0

Asian & White (17): 0 0 0 0 0 0Black/African Am. & White (18): 0 0 0 0 0 0

Am.Indian/Alskn & Blck/Afrcn (19): 0 0 0 0 0 0Other Multi-Racial (20): 0 0 0 0 0 0

Indicate the census tract of those relocated:Indicate the City:

Race & Code All Hisp All Hisp All

White (11): 0 0 0 0 0 0Black/African American (12): 0 0 0 0 0 0Asian (13): 0 0 0 0 0 0

American Indian/Alaskan Native (14): 0 0 0 0 0 0Nat.Hawaiian/Oth Pacific Isl (15): 0 0 0 0 0 0

Am. Indian/Alaskan Nat. &White (16): 0 0 0 0 0 0Asian & White (17): 0 0 0 0 0 0

Black/African Am. & White (18): 0 0 0 0 0 0Am.Indian/Alskn & Blck/Afrcn (19): 0 0 0 0 0 0

Other Multi-Racial (20): 0 0 0 0 0 0

If there is more than one census track, indicate the additional census tractand race distribution of those relocated.Indicate the City

Remain RelocatedHisp

Displaced Remain

09-EDEF-6531

Displaced

RelocatedHisp

7/1/12 - 3/31/13

Standard Agreement


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Page 7 of 9


1. Presumed Benefit IDIS User Guide 8-73

Number of:

Abused Children Extreme Low Income

Battered Spouses Low Income

Severely Disabled Adults (Per Census Definition) Low Income

Illiterate Adults Low Income

Persons with Aids Low IncomeHomeless Persons Extreme Low Income

Migrant Farm workers Low IncomeElderly Persons Use Moderate Income if at a center with services,

if not center based, use Low Income

2. Nature and Location IDIS cdbg 10Provide a narrative description of how the nature/location of this activity benefits low and moderate persons:

Appendix C - Presumed Benefit &

Nature and Location

If the activity is funded under a National Objective Code of Low and Moderate Income Clientele, indicatethe number of beneficiaries that fall into one or more of the following categories. Use the following incomelevels when reporting on the beneficiaries race and income on other pages of the GPR.

09-EDEF-6531

Standard Agreement

7/1/12 - 3/31/13


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Page 8 of 9


Appendix D - Sub-recipient Agreement

ORGANIZATION CARRYING OUT ACTIVITY IDIS cdbg 3

Indicate if the activity will be carried out by one of the following:

Grantee employees

Contractors

Grantee employees & contractors

By others under a Sub-recipient Agreement

If you are using a Sub-recipient Agreement, indicate the name of the Organization:

Activity is being carried out by:

A 105 (a) (15) entity as defined under the Housing and Development Act

Another unit of local government

Another public agencyIDIS cdbg 4

Indicate all that applies to this organization:

Non-profit organization

For-profit entity

A faith-based organization

An institution of higher education

09-EDEF-6531

Code Section 105(a) (15) is from the Housing and Development Act and provides the provision of

assistance to neighborhood-based nonprofit organizations, local development corporations, and nonprofit

organizations serving the development needs of communities in non-entitlement areas to carry out

neighborhood revitalization, community economic development or energy conservation projects.

Standard Agreement

7/1/12 - 3/31/13


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Page 9 of 9


Appendix E - Slum & Blight Area

IDIS cdbg 12

Provide a description of the boundaries of the designated areaNot the census tract/block data required for LMA)

Boundaries:

Percent of Deteriorated Buildings/Qualified Properties: %

Public Improvement/Type Condition:Provide a brief description identifying each type of improvement / type of condition

Slum/Blight Designation Year

Standard Agreement

09-EDEF-65317/1/12 - 3/31/13


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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. BUDGET WORKSHOP: 4:30 p.m. - Conduct workshop regarding 2013-2014 budget.

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

III. PLEDGE OF ALLEGIANCE:

IV. 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 e

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

action arose subsequent to the Agenda being posted.

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

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

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


B. Minutes: Approve minutes of the regular City Council meeting of May 21, 2013.

C. Warrants: Approve warrant register from May 30, 2013.

D. Fireworks Plan Receive and file staff report including Police Operation Plan for Illegal Firework

E. Application No. 2013-011 Approve Application No. 2013-011 for Sponsoring Survivorship to holds its ann

walk/run on October 5, 2013, to assist Lake County women and men in their

battle against breast cancer.

F. Application No. 2013-012 Approve Application No. 2013-012 for the Annual Opening Day of the Fair Para

to be held August 29, 2013.

G. Reappointment to Parks and RecreationCommission

Reappoint Lynn Andre to the Parks & Recreation Commission.

VI. 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 tonights agenda. Persons wishing to address the City Council are required to complete

Citizens Input form and submit it to the City Clerk prior to the meeting being called to order. While not required

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

take action or express a consensus of approval or disapproval on any public comments regarding matters which

appear on the printed agenda.

VII. PUBLIC HEARING:

A. Community Development Block Grant

Close Out

Consider the City Managers recommendation to continue the scheduled Publi

Hearing onCommunity Development Block Grant Close Out of 09-EDEF-6531 tJune 18, 2013.


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 Clerks Office at

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

staffs ability to post the documents before the meeting.

n compliance with theAmericans with Disabilities Act, the City of Lakeport will make available to members of the public any special assistance necessary to participate in

meeting. The public should contact the City Clerks Office at (707) 263-5615 to make such a request. Notification 72 hours prior to the meeting will enable the City to ma

reasonable arrangements to ensure accessibility to this meeting.

_______________________________________

Kelly Buendia, Acting City Clerk

AGENDAREGULAR JOINT MEETING OF THE LAKEPORT CITY COUNCIL

AND THE LAKEPORT REDEVELOPMENT AGENCYTuesday, June 04, 2013

City Council Chambers, 225 Park Street, Lakeport, California 95453
http://www.cityoflakeport.com/http://www.cityoflakeport.com/http://www.cityoflakeport.com/http://www.cityoflakeport.com/


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Meeting Date: June 18, 2013 Page 1 Agenda Item #VII.A.1.


Lakeport Redevelopment Successor AgencyCity of Lakeport Municipal Sewer District

STAFF REPORTRE: Fiscal Year 2013-2014 Budget Adoption MEETING DATE: 6/18/2013



WHAT IS BEING ASKED OF THE CITY COUNCIL/AGENCY/BOARD:

Conduct a public hearing on, and adopt, the City of Lakeport recommended budget for fiscal year 2013-

2014, including the appropriations limit (Gann Limit) for the City.

BACKGROUND:

Fiscal Year 2013-2014 Recommended Budget

Preparing the path toward the future. This is the theme I have adopted for fiscal year 2013-2014,continuing the efforts that moved us forward last year. In preparing this years budget, I believe we havedone just that, building upon the foundation laid last year by focusing on a framework designed to generateeconomic growth, foster fiscal sustainability, and provide the best possible quality of life for the citizens ofLakeport and the surrounding regional community.

Weve weathered the effects of the Great Recession, which began in 2008 and reshaped the way in which

local governments approach financial planning. General revenues have been increasing but not nearly at therate we saw during the housing boom. Conversely, expenses are rising faster than available revenues cansupport. This is no more evident than with the cost of personnel (the Citys most valuable asset). But wecan manage this new paradigm with careful planning and fiscal prudence, using available resources moreefficiently and effectively.

Appropriations (Gann) Limit

In 1979, California voters approved Proposition 4 (Article XIII-B of the California State Constitution).Informally known as the Gann Initiative, Article XIII-B provides limits to the amount of tax proceedsstate and local governments can spend each year. In 1980, the State Legislature added Section 9710 of the

Government Code stating that the governing body of each City must establish, by resolution, anappropriations limit for the following year. The limit for any fiscal year is equal to the previous years limit,adjusted for population changes and the change in the U.S. Consumer Price Index (or California per capitalpersonal income, if smaller). The necessary statistical information is provided by the California Departmentof Finance.

In 1990, Proposition 111 modified Article XIII-B. A City may choose which annual adjustments to use. Theadjustment factors include the growth in the California Per Capita Income, or the growth in the non-residential assessed valuation due to construction within the City and the population growth within the Cityor county.


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Included in the budget document is information on the City's appropriations limit, otherwise known as theGann Limit. Article XIIIB of the California Constitution (Article 4) and related implementing legislationprovide for an annual appropriations limit for each entity of local government and require the governingbody of each local jurisdiction to establish its appropriation limit by resolution each year.

The appropriation limit does not apply to the entire City budget but only to the appropriation of proceedsof taxes in the Citys government type" funds. These include the following:

Each years appropriation limit is based on the previous years limit, multiplied by the percentage change inpopulation and the percentage change in the United States Consumer Price Index or the change inCalifornia per capital income, whichever was less. These are defined as follows:

-Population Factor- At the Citys choice, either the annual change in the City's or county population.

-Price Factor- At the Citys choice, either the change in California per capita income or increase in non-residential assessed valuation due to new construction.

DISCUSSION:

This years approach to the budget will continue to be based on priorities. But were doing it a bitdifferently. Were providing context this year, structuring our priorities around specific City-wide goals.

These goals were developed beginning with an all-day strategic planning session with the City Council andManagement Team. The purpose of the meeting was to evaluate progress on the initiatives from previousplanning cycles and to set strategic goals and objectives for the near future. The group discussed the currentstate of the organization, the current trends and challenges the City faces, and invested time brainstormingpriorities for the current tactical, twelve month to twenty-four month planning period. The interactivediscussions resulted in the selection of five strategic goals for the 2013 2015 planning cycle. It was withthese goals in mind that we developed this budget plan.

City Wide Goals

Each department was tasked with developing their own individual priorities and goals that will contribute to

the achievement of the broader City-wide goals (presented in the department section of this budget). Thefollowing are the five City-wide goals that were developed during that strategic planning session:

1. Maintain strong Council/staff relations and encourage leadership development.

The primary intent here is two-fold: 1) to ensure communication between the Management Team andCouncil is continuously open and responsive and 2) to ensure adequate planning is done for the eventualreplacement of key personnel. As the chief executive for the City Council, the responsibility for the formerlies with me primarily. I intend to ensure that communication flows freely and timely between staff andCouncil. For the latter, I must work with each member of the Management Team to focus on thedevelopment of succession plans each of them. We will accomplish this by promoting and fostering

Revenue Sources BudgetEstimates

Property Taxes $ 903,500

Sales Taxes 2,082,002

Special Taxes 70,000

State Subventions 176,104

Franchise Taxes 126,273

Business License Taxes 70,000

App ropriat io ns Su bj ect to Gann Li mit in Fisc al Year 2011/2012 $3,427,879

FISCAL YEAR 2013-2014


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leadership development throughout all ranks of management. Departments will continue to promote andinvest in training programs for their team members, and we will maintain the highest possible standards forthe recruitment, selection, and retention of staff.

2. Strengthen community and regional involvement.

As a City of a little over 4,600 residents, but with a daily population estimated between 15,000 20,000,Lakeport is integrally important to quality of life - not just to those who reside here but to the Lake Countycommunity as a whole, particularly on the western shore of Clear Lake. With this in mind, we are

recommending a spending plan that will enhance communication with everyone who calls Lakeport home.We will do this through the promotion and readership of the community newsletter, enhancement of themarketing of local business, and by strengthening the relationship with the County of Lake and otherregional groups toward the engagement in regional projects that benefit the community as a whole.

3. Establish and promote effective public outreach efforts.

Though at first glance this goal appears similar to the one before it, theres so much more. Not only do weneed to focus on communication with our local community, we need to find ways of engaging them on civicaffairs. We will do this partly through the development of a social media presence and promotion of civicevents and activities. Through increased efforts by our economic development program - now managedwithin my office - we will assemble a master list of community development partners and engage thoseentities on specific objectives aimed at increasing tourism, supporting and promoting local events, engagingthe local wine industry, and supporting local businesses. Additionally, we will focus on increasingcommunity outreach through community policing and crime reduction initiatives, including completingdevelopment of a marijuana ordinance using community involvement.

4. Enhance activities and programs to support local and regional economic development.

Its time for Lakeport to brand its identity, and to that effort we plan to promote and market Lakeport aswhat it is: a destination for recreation, leisure, and the highest quality of life. My team will explorealternatives to replace the lost resources of the former redevelopment agency, revisit the storefrontordinance, and focus resources and attention to improving the physical appearance of Main Street. Mostsignificantly on this front, we plan to refocus efforts on event promotion and the development of potentialrecreation and entertainment venues within the City.

5. Focus efforts on infrastructure improvements.

City infrastructure has been in need of significant attention for many years, a problem not unique toLakeport. Local governments throughout the nation struggle to find resources to address emergencyinfrastructure issues, let alone find ways of adequately maintaining their existing roads, water, and sewernetworks. It has been a daunting challenge. Estimates generated by the City Engineer within the PavementManagement Program (PMP), and supported by the Local Area Planning Commission the entityresponsible for infrastructure planning needs county wide- place the cost to maintain the existing roadnetwork in the City above $700,000 annually. This number is far beyond the regular, general revenuescollected from any general fund resource, including Measure I. This means that we must target whatresources we do have on specific areas and projects that result in the greatest impact and benefit to thecommunity.

Working toward identifying and focusing efforts on projects and areas where our available resources canhave the greatest impact, I have directed my management team to develop a capital improvement program(CIP) and budget. A standard in long-term, municipal capital planning, a CIP evaluates the most criticalcapital needs and formulates strategies to direct resources at meeting them. The CIP budget included herein this document should serve as a guide for the Council and staff when planning capital projects over thenext five years. We intend to take advantage of efficiencies provided through technology, includingupdating software and the Citys website, and making additional resources available for identified CIPprojects. Developing the lakefront and doing our part in improving the quality of the Lake during thesummer months also is a high priority for us.


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Additionally, the City will be engaging this year in what may be the largest set of capital projects everundertaken since its incorporation 125 years ago. Funded by recently awarded USDA grants and lowinterest, long-term loan funding, aimed at addressing much needed infrastructure improvement to its waterand sewer systems, staff will be spending a considerable amount of time and energy completing capitalprojects, which together total over $8 million, spanning the next two years.

Post Redevelopment

The first year without redevelopment has been a year of dismantling what was the best tool available tocities in improving blighted areas and providing opportunities for economic growth in their communities.Much time has been devoted to this process, and state legislators are now looking for new opportunities toassist cities with economic growth. After realizing the short-sighted and devastating impact their actionshave caused to local communities, the process in Sacramento remains ongoing. No new legislation to datehas been adopted.

The City has completed the substantive elements of the dissolution process and has received a finding ofcompletion from the State Department of Finance, coined as The Golden Ticket, allowing the City tospend approximately $2 million in redevelopment bond proceeds for infrastructure improvements.

Economic Development

Local businesses have suffered tremendously over the past five years, and the focus of our economicdevelopment efforts must remain on business retention. The Citys commitment to economic developmentmust be maintained through active advisement by the Lakeport Economic Development AdvisoryCommittee (LEDAC) and in collaboration with the Main Street Association, the Chamber of Commerce,and the Countys marketing program.

With the loss of Redevelopment, the needs for more economic development efforts are amplified. In thefall of 2012, LEDAC, in collaboration of the Main Street Association, began a process of branding theCity of Lakeport. This process continues with more public meetings for input, and we will look for expertassistance through a future RFP for professional services.

Staff has been very active in pursuing a regional economic development approach. The County of Lake,with approximately 60,000 population, is not much more populated that a mid-size city in California. It isimportant for both the City of Lakeport and Clearlake, to partner with the County of Lake in marketing andpromoting the area through a regional approach. As funding becomes scarce for activities outside of coremunicipa