100615 lakeport city council agenda packet

8/20/2019 100615 Lakeport City Council agenda packet

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

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

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

II. PLEDGE OF ALLEGIANCE:

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

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

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

take action arose subsequent to the Agenda being posted.

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

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

Consent Calendar portion of this agenda.

A. Ordinances: Waive reading except by title, of any ordinances under consideration at thismeeting for either introduction or passage per Government Code Section 3693

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

C. Warrants: Approve warrant register from September 3, 2015.

D. Application 2015-022 Approve Application No. 2015-022 with staff recommendations for the 2015

Clear Lake High School Homecoming Parade on October 9, 2015.

E. Conflict of Interest Code Review and adopt a revised Conflict of Interest policy for the City of Lakeport.

V. PUBLIC PRESENTATIONS/REQUESTS:

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

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

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

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

which do not appear on the printed agenda.

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

Domestic Violence Awareness Month.

C. Presentation: Update on the Clear Lake Cyanotoxin Monitoring Program

D. Presentation: Update from Rebecca Southwick on the Lake Leadership Summit to be held

October 9, 2015 at Marymount College.

E. Presentation: Donation for the annual Fireworks show from the Lake County Chamber of

Commerce.

VI. PUBLIC HEARING:

A. Minor Amendments and Revisions to

Existing Ordinances:

1. Conduct a public hearing and adopt the proposed ordinance adding

Section 15.24 of the Lakeport Municipal Code establishing a review

process for small residential rooftop solar energy systems.

2. Conduct a public hearing and adopt the proposed ordinance repealing

Section 5.04.160.H of the Lakeport Municipal Code imposing addition

licensing fees on fortunetellers

3. Conduct a public hearing and adopt the proposed ordinance amendin

Section 10.12.180 of the Lakeport Municipal Code to allow for the

issuance of special parking permits for residential units in the central

business district without access to on-site parking.

AGENDAREGULAR MEETING OF THE LAKEPORT CITY COUNCIL(ALSO MEETING AS THE CITY OF LAKEPORT MUNICIPAL SEWER DISTRICT, and THE SUCCESOR AGEN

TO THE LAKEPORT REDEVELOPMENT AGENCY) Tuesday, October 6, 2015

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


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City Council Agenda of October 6, 2015 Page 2

B. Lakeport Industrial Authority Conduct a public hearing and adopt the proposed ordinance forming the

Lakeport Industrial Development Authority.

VII. COUNCIL BUSINESS:

A. Finance Director

1. Accounts Signature

Confirmation

Confirm the current council signatories for City warrants and checks and adopt

the proposed resolution adding the Lakeport Chief of Police as a signatory.

B. Community Development Director

1. Valley Fire Registered Evacuees Adopt the proposed resolution providing relief to displaced residents of the

Valley Fire who have sought temporary housing within the City of Lakeport fro

certain provisions of the Lakeport Municipal Code including:

A. The waiving of maximum thirty (30) day stay allowance at local hotels

and other similar establishments.

B.

The waiving of initial service and deposit fees associated with new

sewer and water connections.

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 at

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

staff’s ability to post the documents before the meeting.

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

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

accommodations are provided.

_______________________________________

Hilary Britton, Acting Deputy City Clerk

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


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CLOSED SESSION: The meeting was called to order 5:02 p.m. Nancy Ruzicka spoke regarding the

Verizon Wireless closed session item and asked for clarification from the CityAttorney and City Council.

Mayor Scheel adjourned to a closed session at 5:07 p.m. to consider the

following:

1. Conference with Legal Counsel; Existing Litigation (Gov. Code §

54956.9(d)(1)).The City Council finds, based on advice from legal

counsel, that discussion in open session will prejudice the position of

the local agency in the litigation.

Name of Case: City of Lakeport v. County of Lake et al.

Names of Parties: Plaintiff: City of Lakeport; Defendants: County of La

Office of the Sheriff for the County of Lake, Sheriff Francisco Rivero

Case No.: SCUK CGD-1362378 (Mendocino Superior Court)

2. Conference with Legal Counsel; Anticipated Litigation (Gov. Code §

54956.9(d)(2) & (d)(3))

A point has been reached where, in the opinion of the City Council on

the advice of its legal counsel, based on the below-described existing

facts and circumstances, there is a significant exposure to litigation

against the City: Statement made at an open meeting of City (Gov. Co

§ 54956.9(e)(4)): Name of Person: Paul B. Albritton.

Nature of Specific Matter: Appeal of Verizon Wireless Application UP

04, AR 14-12, CE 14-24

REPORT OUT OF CLOSED SESSION: The meeting reconvened to open session at 6:04 p.m. The Mayor reported tha

no reportable action had been taken in closed session.

I. CALL TO ORDER & ROLL CALL: Mayor Scheel called the regular meeting of the City Council of the City ofLakeport to order at 6:04 p.m. with Council Members Kenneth Parlet, Stacey

Mattina, and Marc Spillman, present. Council Member Mireya Turner was

absent.

II. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Brent Hinchcliff.

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

Spillman, and unanimously carried by voice vote, with Council Member Turner

absent, to accept the agenda as posted.

Urgency Items: There were no Urgency items.

IV. CONSENT AGENDA:

A. Ordinances: Waive reading except by title, of any ordinances under consideration at thismeeting for either introduction or passage per Government Code Section 3693

B. Minutes: Approve minutes of the regular City Council meeting of September 1, 2015.

C. Warrants: Approve warrant register from September 3, 2015.

D. Application 2015-021 Approve Application No. 2015-021 with staff recommendations for the 2015

Halloween Parade on October 30, 2015.

E. Successor Agency: Review and approve ROPS 15-16B for the period of January 1, 2016 through Ju

30, 2016 and authorize the Chair to sign the proposed Resolution stating the

same.

MINUTESREGULAR MEETING OF THE LAKEPORT CITY COUNCIL

(ALSO MEETS AS THE CITY OF LAKEPORT MUNICIPAL SEWER DISTRICT, THE LAKEPORT REDEVELOPMENT SUCCESOR AGENCY, AND

THE LAKEPORT INDUSTRIAL DEVELOPMENT AUTHORITY)

Tuesday, September 15, 2015


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City Council Minutes of September 15, 2015 Page 2

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

Parlet, and unanimously carried by voice vote, with Council Member Turner

absent, to approve the Consent Agenda as posted.

V. PUBLIC PRESENTATIONS/REQUESTS:

A. Citizen Input:

B. Presentation: Mayor Scheel presented a Certificate of Appreciation from the City to Boy Scou

Troop No. 42 for their service to the community by taking on the responsibility

raising and retiring the flags on Main Street in the City of Lakeport on National

Days of Remembrance.

C. Presentation: Lake County Public Works Director Scott DeLeon gave a presentation regarding

the County's Groundwater Sustainability Plan and Ground Water Service Area.

Mr. DeLeon answered questions of the Council.

VI. PUBLIC HEARING:

A. Public Hearing on Solid Waste Rates,

Fees, and Charges:

Finance Director Buffalo presented the staff report on the proposed

establishment of initial rates under a new franchise agreement with a solid wa

hauler for mandatory solid waste collection.

Mayor Scheel opened the public hearing at 6:37 p.m. Bob Bridges protested thrates.

Mayor Scheel closed the public hearing at 6:43 p.m.

The Clerk announced that there were three written protest votes. Finance

Director Buffalo stated 1215 protests would be needed to strike down the

proposed rate increase.

Finance Director Buffalo answered questions of the City Council.

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


absent, to adopt the proposed Resolution to establish initial rates under a new

franchise agreement with a solid waste hauler for mandatory solid waste

collection.

VII. COUNCIL BUSINESS:

A. City Manager

1.

Housing Related Parks Grant City Manager Silveira presented the staff report in support of revising the park

project of State of California Department of Housing and Community

Development (HCD) for Housing Related Parks (HRP) Grant from the water

pipeline project to a new bathroom at the 5th Street boat ramp.

Public Works Director Brannigan also answered questions of the Council.

Nancy Ruzicka commented on the grant, and was opposed to the proposed

revision.

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

Mattina, and unanimously carried by voice vote, with Council Member Turner

absent, to direct staff to prepare the necessary documentation with HCD to

revise the HRP park project from the water pipeline to the new bathroom at th

5th Street boat ramp.

B. Community Development Director

1.

Ordinance Introductions:

Minor Amendments and

Revisions to Existing

Ordinances:

Community Development Director Ingram presented the staff report supportin

the introduction of, and setting public hearings for, the consideration of three

proposed separate minor amendments and revisions to the Lakeport Municipa

Code:

A.

Addition of Section 15.24 relating to expedited permitting procedures

for small residential rooftop solar systems.


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B.

Repealing Section 5.04.160.H imposing additional licensing fees on

fortunetellers

C. Amending Section 10.12.180 to allow for the issuance of special parki

permits for residential units in the central business district without

access to on-site parking.



absent, to introduce the proposed ordinance adding Section 15.24 of the

Lakeport Municipal Code establishing a review process for small residential

rooftop solar energy systems and set a public hearing for adoption of the

ordinance on October 6, 2015.

A motion was made by Council Member Spillman seconded by Council Membe

Parlet, and unanimously carried by voice vote, with Council Member Turner

absent, to introduce the proposed ordinance repealing sections of the Lakepor

Municipal Code imposing additional licensing fees on fortunetellers and set a

public hearing for adoption of the ordinance on October 6, 2015.



absent, to introduce the proposed ordinance amending Section 10.12.180 of thLakeport Municipal Code to allow for the issuance of special parking permits fo

residential units in the central business district without access to on-site parkin

and set a public hearing for adoption of the ordinance on October 6, 2015.

C. Finance Director

1. Ordinance Introduction: Finance Director Buffalo presented the staff report supporting the introduction

of a proposed Ordinance forming the Lakeport Industrial Development Author



absent, to introduce the proposed Ordinance forming the Lakeport Industrial

Authority for first reading by title only and waive further reading.

The Public Hearing date is set for October 6, 2015.

2. Unfunded Accrued Actuarial

Liability: CalPERS

Finance Director Buffalo presented the staff report supporting the adoption of

the proposed Resolution which would approve the form and authorize the

execution and delivery of certain lease financing documents in connection with

the refinancing of a portion of the City’s outstanding unfunded accrued actuar

liability to the California Public Employees’ Retirement System, and providing

other matters properly relating thereto.

Eric Scriven of NHA Advisors was present as well to respond to questions.


Mattina, and unanimously carried by voice vote, with Council Member Turner

absent, to approve the proposed Resolution, as well as approve and authorize

the City Manager and Finance Director to work with the financing team todevelop a final asset mix to collateralize, sign all documents related to the

transaction, and execute the prepayment of the designated portion of the UAA

Obligation.

VIII. CITY COUNCIL COMMUNICATIONS:

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

Council Member Spillman mentioned the Valley Fire and expressed sympathy f

the losses County residents are suffering. He also commended personnel who

have participated in the fires. He also mentioned that Westside Park is being

used by Cal-Fire as a staging area.

Council Member Mattina encouraged Lakeport residents to extend a welcomeand helping hand to those displaced by the fires. She stated that the LAFCO


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meeting has been postponed. She and the City Manager will be meeting with

Main Street Association to discuss holiday events.

Mayor Scheel conveyed that his thoughts are with those affected by the Valley

Fire. APC and LTA meetings cancelled last week. He will be attending the Leag

of California Cities Annual Conference in San Jose at the end of the month with

other Council Members. The Kickin’ it in the Country street dance will be held

this Thursday as a benefit for victims of the Valley fire on Main Street in

Kelseyville. The Pear Festival will take place as planned on September 26, 201

City Manager Silveira announced that National Night Out has been cancelled

because of the fire.

City Attorney Ruderman had nothing to report.

Finance Director Buffalo will be working with Police Chief Rasmussen to condu

the Halloween coloring contest.

Public Works Director Brannigan thanked the Council for the appreciation from

the Council to the City staff.

Police Chief Rasmussen appreciated the Council support. He updated the Cou

on staffing of the fires.

Community Development Director Ingram had nothing to report.

Administrative Director Buendia had nothing to report.

IX. ADJOURNMENT: Mayor Scheel adjourned the meeting at 7:36 p.m.

_______________________________________

Martin Scheel, Mayor

Attest:

_______________________________________

Kelly Buendia, Acting City Clerk


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/22/2015 7:21:27 PM Page

Check RegistLakeport, CA Packet: APPKT00110 - 09-22-15 WARRA

By Check Nu

endor Number Vendor Name Payment Amount NumberPayment TypePayment Date Discount Amount

ank Code: AP BANK-AP BANK

404 ADAMS ASHBY GROUP, LLC. 09/22/2015 479214,505.00Regular 0.00

0371 ALPHA ANALYTICAL LABORATORIES 09/22/2015 479221,208.00Regular 0.00**Void** 09/22/2015 479230.00Regular 0.00

0123 AQUA PRODUCTS 09/22/2015 47924126.36Regular 0.00

0109 ARAMARK UNIFORM SERVICES 09/22/2015 47925640.56Regular 0.00

351 AT&T 09/22/2015 479261,413.24Regular 0.00

**Void** 09/22/2015 479270.00Regular 0.00

033 BENISTAR-6811 09/22/2015 479287,920.00Regular 0.00

477 CA DEPT OF TECHNOLOGY 09/22/2015 4792910.00Regular 0.00

690 CANON SOLUTIONS AMERICA 09/22/2015 4793043.38Regular 0.00

697 CLEARLAKE LAVA, INC. 09/22/2015 47931348.30Regular 0.00

0127 CLEARLAKE REDI-MIX INC. 09/22/2015 479321,480.60Regular 0.00

778 COLANTUANO, HIGHSMITH & 09/22/2015 479337,592.25Regular 0.00

685 CONDOR EARTH TECHNOLOGIES INC. 09/22/2015 479341,820.00Regular 0.00

0128 COUNTY OF LAKE-PUBLIC WORKS 09/22/2015 479356.00Regular 0.00

130 CRAIG DAVIS ORTHODONTICS 09/22/2015 479361,000.00Regular 0.000139 DEPT OF CONSERVATION 09/22/2015 47937166.53Regular 0.00

0144 DUNKEN PUMPS 09/22/2015 479382.15Regular 0.00

543 ENTERPRISE RENT-A-CAR 09/22/2015 4793975.86Regular 0.00

982 EUREKA OXYGEN COMPANY 09/22/2015 4794036.07Regular 0.00

127 EVERBRIDGE, INC. DBA NIXLE 09/22/2015 479411,750.00Regular 0.00

080 FED EX 09/22/2015 4794251.05Regular 0.00

421 FERRELLGAS 09/22/2015 47943221.44Regular 0.00

131 FLOWERS BY JACKIE 09/22/2015 47944120.96Regular 0.00

827 G & G PRINTING SERVICES 09/22/2015 47945125.28Regular 0.00

671 GLADWELL GOVERNMENTAL SERVICE 09/22/2015 47946250.00Regular 0.00

0336 GRAINGER 09/22/2015 4794728.51Regular 0.00

754 GRANITE CONSTRUCTION COMPANY 09/22/2015 479488,866.64Regular 0.00

393 HARTFORD RETIREE PREMIUM ACCT 09/22/2015 4794910,369.35Regular 0.00

044 IMAGE SALES, INC. 09/22/2015 4795017.70Regular 0.000167 INTERSTATE BATTERY SYSTEM 09/22/2015 4795158.64Regular 0.00

131 JOHN R. ALLEN 09/22/2015 47952500.00Regular 0.00

499 KELLY BUENDIA 09/22/2015 4795378.00Regular 0.00

146 KELSEYVILLE LUMBER 09/22/2015 4795436.99Regular 0.00

0364 LAKE COUNTY ELECTRIC SUPPLY 09/22/2015 47955157.10Regular 0.00

0183 LAKE COUNTY RECORD BEE 09/22/2015 47956317.26Regular 0.00

0175 LAKEPORT TIRE & AUTO SERVICE 09/22/2015 479571,062.29Regular 0.00

640 LCA BANK CORPORATION 09/22/2015 47958289.54Regular 0.00

0354 MEDIACOM 09/22/2015 47959311.15Regular 0.00

542 MENDO LAKE STAFFING, INC. 09/22/2015 479601,601.90Regular 0.00

208 MENDO MILL & LUMBER CO. 09/22/2015 479612,443.47Regular 0.00

132 MERRITT CONSTRUCTION 09/22/2015 47962636.33Regular 0.00

899 OE PUBLIC & MISC EE'S 09/22/2015 479639,679.00Regular 0.00

067 OFFICE DEPOT 09/22/2015 47964144.17Regular 0.00

0387 PACE ENGINEERING, INC. 09/22/2015 479654,496.00Regular 0.00

0113 PACE SUPPLY #03391-00 09/22/2015 47966504.54Regular 0.00

627 PAK 'N MAIL 09/22/2015 47967216.09Regular 0.00

065 PAUL R. CURREN 09/22/2015 479685,825.00Regular 0.00

053 PEOPLE SERVICES, INC. 09/22/2015 47969180.00Regular 0.00

0217 PG&E VO248104 09/22/2015 4797012,832.79Regular 0.00

252 PLAZA PAINT & SUPPLIES 09/22/2015 4797187.33Regular 0.00

130 POLESTAR COMPUTERS 09/22/2015 479722,718.77Regular 0.00

007 PRINTING SYSTEMS 09/22/2015 47973353.49Regular 0.00

0226 R.E.M.I.F. 09/22/2015 47974981.07Regular 0.00


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heck Register Packet: APPKT00110-09-22-15 WARR

/22/2015 7:21:27 PM Page

endor Number Vendor Name Payment Amount NumberPayment TypePayment Date Discount Amount

0286 RAINBOW AGRICULTURAL SERVICES 09/22/2015 47975298.97Regular 0.00

799 RICH'S OFF-ROAD RECOVERY 09/22/2015 47976136.00Regular 0.00

031 ROBERTSON & ASSOCIATES, CPA'S 09/22/2015 479772,050.00Regular 0.00

837 ROGER WHEELER LANDSCAPING 09/22/2015 47978225.00Regular 0.00

255 SAFEWAY SIGN COMPANY 09/22/2015 47979304.88Regular 0.00

599 SHN CONSULTING ENGINEERS & GEO 09/22/2015 47980716.06Regular 0.00

383 SHRED-IT USA 09/22/2015 4798142.27Regular 0.00

0400 SIERRA CHEMICAL COMPANY 09/22/2015 479824,694.00Regular 0.00

832 STANDARD PRINTING COMPANY 09/22/2015 47983546.64Regular 0.00661 STAPLES CONTRACT & COMMERCIAL 09/22/2015 47984746.78Regular 0.00

133 SYAR INDUSTRIES, INC. 09/22/2015 479854,128.72Regular 0.00

004 THE UPS STORE #5161 09/22/2015 4798615.15Regular 0.00

177 TOM CARLTON 09/22/2015 47987342.37Regular 0.00

119 TRI-CITIES ANSWERING SERVICE 09/22/2015 47988136.84Regular 0.00

552 U.S. BANK 09/22/2015 479898,087.19Regular 0.00

0368 UKIAH PAPER SUPPLY, INC. 09/22/2015 4799083.04Regular 0.00

302 UNIVAR USA INC. 09/22/2015 479914,880.00Regular 0.00

510 US POSTMASTER - ARIZONA 09/22/2015 47992886.39Regular 0.00

310 USA BLUE BOOK 09/22/2015 47993724.92Regular 0.00

109 VERIZON WIRELESS 09/22/2015 47994247.14Regular 0.00

0164 WESTGATE PETROLEUM CO., INC. 09/22/2015 479952,071.59Regular 0.00

053 WESTSIDE COMMUNITY PARK 09/22/2015 47996570.77Regular 0.00

0351 YOLO COUNTY FLOOD CONTROL 09/22/2015 479971,154.56Regular 0.00

Regular Checks

Manual Checks

Voided Checks

Discount

Payment

CountPayment Type

Bank Code AP BANK Summary

Bank Drafts

EFT's

75

0

2

0

0

0.00

0.00

0.00

0.00

0.00

77 0.00

Payment

128,795.43

0.00

0.00

0.00

0.00

128,795.43

Payable

Count

162

0

0

0

0

162


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heck Register Packet: APPKT00110-09-22-15 WARR

Page /22/2015 7:21:27 PM

Fund Name AmountPeriod

Fund Summary

998 POOLED CASH 128,795.439/2015

128,795.43


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16/59

From: [email protected]

To: Hilary Britton

Subject: Re: Application 2015-022 - Homecoming Parade (CLHS)

Date: Wednesday, September 23, 2015 9:17:59 AM

Attachments: image003.png

Hillary,

Police Dept resources are as follows:

1- patrol officer to lead the parade or provide traffic control at $68.00 per hour.

2- Volunteers to provide traffic control at $68.00 per hour x2 for a total of $136.00

Thank you!

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: Monday, September 21, 2015 04:46 PMTo: Amanda Frazell ([email protected]),Cheryl Bennett ([email protected]), 'Cynthia Ader', '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 2015-022 - Homecoming Parade (CLHS)

Please find attached application 2015-022 for the CL S omecoming Parade to be held October 9, 2015 on Main Street for your review.

We would like to submit this for Council approval at the October 6, 2015 meeting, so please have any comments back to me by September 29, 2015. Thank you for your input.

Hilary BrittonActing 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]


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

http://cp.mcafee.com/d/5fHCN0SyMMPtd-UVMTsSztdVBdUQsK3zqdQTCkPhPt54SztdVBdUQsKf6QrFLfzANPa9ICgzasWM1lFjbltfQHWRoPVsTqkORnjZa-Jmc-ndIAbE9TsvW_cc3CnTeLsKCOYVNEVspoKPORQr8EGTjvVkffGhBrwqrjdFCXYCCUYM-UOesdTdw0XiCmGWvFnRGNDO-6N5TUAmWlw2zZa-JmcRGDOJ_00jrar3ZPobZ8Qg22ONYHrelo6y1eWbVuWqpEwbCy0bRlZuk29Ew2SNR3Ph0qa18axsod59JZ4St4TJDG51iAJhttp://cp.mcafee.com/d/5fHCNAe6jqb33dQTXzD3tPqdQTCkTzhOUedETjupjd7dQkjqdQTCkTzhOUYrhKCY-ej7cECOp2cFPH05mBcJlQ_iLHlzfBPtFjbltfQHWRoPVsSOgKwDtN_HYMMepvsWZOWrbPD6zBNByXfbnhIyyHtd_BgY-F6lK1FJ4SCrLOqrzP3Xz8VMTsSjDdqymokVTrugHkHO-bqh-C2kFByZniUlQHWRoPN56Xy9EVpuud7bPa8VUS8K_4yTiI0kvFnRGNCJk-lLU02rpjovKr1vF6y0gmmfBrpOH0Qg9ThvbTjjd41sQg1uGLHOwhd40mSeEuq83hg91kbz1EFdLECVONq


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CITY OF LAKEPORT

City Council

City of Lakeport Municipal Sewer District

Lakeport Redevelopment Successor Agency

STAFF REPORT

RE: Conflict of Interest Code MEETING DATE: 10/6/2015

SUBMITTED BY: Kelly Buendia, Administrative Services Director

PURPOSE OF REPORT: Information only Discussion Action Item

WHAT IS BEING ASKED OF THE CITY COUNCIL/BOARD:

The City of Lakeport City Council, the City of Lakeport Municipal Sewer District (CLMSD) and the City of LakeportRedevelopment Successor Agency are asked to adopt a revised Conflict of Interest Code.

BACKGROUND/DISCUSSION:

The Political Reform Act, Government Code Section 81000, requires state and local government agencies to

adopt and promulgate Conflict of Interest Codes. The code designates positions required to file a Statement of

Economic Interests, Form 700, and assigns disclosure categories specifying the types of interests to be reported.

The Form 700 is a public document intended to alert public officials and the public to the types of financial

interest that may create a conflict of interest. The Political Reform Act also requires every government agency

to amend its conflict of interest code when changed circumstances necessitate an amendment and review its

conflict of interest code biennially to determine if changed circumstances require an amended to the conflict of

interest code.After review of the City of Lakeport Conflict of Interest code, staff has determined that the code requires a small

number of non-substantive amendments. First, there are two positions that require deletion as they are no

longer used: Housing Specialist and Planning Services Manager. The duties of those positions have been

absorbed by other positions already designated in the code. Second, the City Clerk has been combined with the

Administrative Services Director to account for organizational changes. The existing code is presented in both

strikethrough format and a finalized version for adoption. All three agencies are asked to adopt the code.

OPTIONS:

The Council could reject the changes or request additional changes to the Conflict of Interest Code.

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:

Meeting Date: 10/6/2015 Page 1 Agenda Item #IV.E.


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Move to approve a resolution of the City Council of the City of Lakeport, the Successor Agency to the Lakeport

Redevelopment Agency, and the Board of the City of Lakeport Municipal Sewer District amending and adopting

an updated Conflict of Interest Code.

Attachments: 1. Conflict of Interest Code in Strikethrough Format

2.

Resolution

3.

Conflict of Interest Code

Meeting Date: 10/6/2015 Page 2 Agenda Item #IV.E.


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City of Lakeport, City of Lakeport Municipal Sewer District,

City of Lakeport Redevelopment Successor Agency

Purpose

The Political Reform Act (Government Code Section 81000, et seq.) requires state and local

agencies to adopt and promulgate conflict of interest codes.

Incorporation of Section 18730 of the California Code of Regulations

The Fair Political Practices Commission has adopted a regulation (2 Cal. Code of Regs.,

Section 18730) that contains the terms of a standard conflict of interest code and may be incorporated

by reference in an agency’s code. After public notice and hearing, the standard code may be amended

by the Fair Political Practices Commission to conform to amendments in the Political Reform Act .

Therefore, the terms of 2 California Code of Regulations Section 18730 and any amendments to it duly

adopted by the Fair Political Practices Commission are hereby incorporated by reference. This

regulation and the attached appendices designating positions and establishing disclosure requirements

shall constitute the conflict of interest code of the City of Lakeport.

Filing

Individuals holding designated positions shall file their statements with the City Clerk, who shall

be the filing officer for the City of Lakeport, the City of Lakeport Municipal Sewer District, and the City of

Lakeport Redevelopment Successor Agency and who shall retain the statements and make the

statements available for public inspection and reproduction pursuant to Government Code Section 81008.

Government Code Section 87200 Filers

The following positions are not covered by this code because they must file under Government

Code Section 87200 and, therefore, are listed for informational purposes only:

City Council Members

Planning Commissioners

City Manager

City AttorneyCity Treasurer

Officials who manage public investments

Individuals holding the above-listed positions may contact the Fair Political Practices

Commission for assistance or written advice regarding their filing obligations if they believe that their

position has been categorized incorrectly. The Fair Political Practices Commission makes the final

determination whether a position is covered by Government Code Section 87200.

1 Conflict of Interest Code revised 09/03/2013120329.2


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Exhibit A

Designated Employees

A “designated employee” is an officer, employee, member or consultant of an agency whose

position is designated in the code because the position entails the making or participation in the making

of governmental decisions which may foreseeably have a material effect on any financial interest.

Making a governmental decision means the person (1) votes on a matter; (2) appoints a person;

(3) obligates or commits his or her agency to any course of action; or (4) enters into any contractual

agreement on behalf of his or her agency.

Participating in making of a decision means the person (1) negotiates, without significant

substantive review, with a governmental entity or private person regarding the decision; or (2) advises

or makes recommendations to the decision-maker by conducting research or an investigation, preparing

or presenting a report, analysis or opinion which requires the exercise of judgment on the part of the

employee and the employee is attempting to influence the decision.

Designated Employee Disclosure Categories

Administrative Services Director/City Clerk 1

Building Official 1

City Clerk 1

City Engineer 1

Community Development Director 1

Finance Director 1

Housing Specialist 1

Planning Services Manager Associate Planner 1

Police Chief 1

Public Works Director 1

City of Lakeport Municipal Sewer District (CLMSD) Board Members 1

Redevelopment Successor Agency Board Members 1

Consultants who making (not just recommend) governmental decisions, such as whether to

approve a rate, rule, or regulation, whether to issue, deny, suspend, or revoke any permit,

license, application, certificate or similar authorization, adopt or grant City approval to plan,

design, report, study, or adopt or grant City approval of policies, standards, or guidelines for

the City or any subdivision thereof.1

1

Consultants who act in a staff capacity with the City and in that capacity perform the same or

substantially the same or substantially all the same duties for the City that would otherwise be

performed by an individual holding a designated position in the City’s Conflict of Interest Code

Same level as the comparable

designated position identified

elsewhere in the Code

1 Consultants are included in the list of designated positions and shall disclose pursuant to the broadest disclosure category in the code, subject

to the following limitation:

The City Manager may determine in writing that a particular consultant, although a “designated position,” is hired to perform a range of duties

that is limited in scope and thus is not required to fully comply with the disclosure requirements in this section. Such written determination

shall include a description of the consultant’s duties and, based upon that description, a statement of the extent of disclosure requirements.

The City Manager’s determination is a public record and shall be retained for public inspection in the same manner and location as this conflict

of interest code (Government Code Section 81008).

120329.2


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Exhibit B

Disclosure Categories

Individuals holding designated positions must report their interests according to their assigned

disclosure category(ies).

Category 1

Designated employees in Category 1 must report all interests in real property located within the

jurisdiction of the City of Lakeport or within two miles of the boundaries of the City of Lakeport or within

two miles of any land owned or used by the City of Lakeport. For the purposes of disclosure only, an

interest in real property does not include the principal residence of the filer. Category A filers must also

report all interests in investments, business positions in business entities and sources of income,

including gifts, loans, and travel payments from all sources.

Category 2



two miles of any land owned or used by the City of Lakeport.

Category 3

Designated employees in Category 3 must report all interests in business positions in business

entities and sources of income, including gifts, loans, and travel payments from sources that provide

services, supplies, materials, machinery, or equipment of the type utilized by the City of Lakeport.

Category 4

Designated employees in Category 4 must report all investments in business entities and all

sources of personal and business entity income, including loans, gifts, and travel payments from sourcesthat provide services, supplies, materials, machinery, or equipment of the type utilized by the

designated position’s division or department.

Category 5


sources of personal and business entity income, including loans, gifts, and travel payments, from sources

that filed a claim against the agency during the previous two years or have a claim pending.

Category 6


sources of personal and business entity income, including loans, gifts, and travel payments from sources

of the type to request an entitlement to use agency property or facilities, including, but not limited to a

license, utility permit, or station vendor permit.



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RESOLUTION NO. XXXX (2015)

A RESOLUTION OF THE CITY COUNCIL OF THE CITYOF LAKEPORT, THE SUCCESSOR AGENCY TO THE LAKEPORT

REDEVELOPMENT AGENCY, AND THE BOARD OF THE CITY OFLAKEPORT MUNICIPAL SEWER DISTRICT

AMENDING AND ADOPTING AN UPDATED CONFLICT OFINTEREST CODE

WHEREAS, Government Code section 87300 of the Political Reform Act, requires stateand local government agencies to adopt and promulgate Conflict of Interest Codes; and

WHEREAS, the Fair Political Practices Commission has adopted a regulation, title 2,section 18730 of the California Code of Regulations, which contains the terms of a standard Conflictof Interest Code that can be incorporated by reference and will be amended to conform toamendments of the Political Reform Act;

WHEREAS, the Conflict of Interest Code designates positions required to file a Statementof Economic Interests, Form 700, and assigns disclosure categories specifying the types of intereststo be reported; and

WHEREAS, the Political Reform Act also requires every government agency to amend itsConflict of Interest Code when changed circumstances necessitate an amendment and review itsConflict of Interest Code biennially to determine if changed circumstances require an amendment tothe Conflict of Interest Code; and

WHEREAS, staff has recommended non-substantive amendments to the Conflict ofInterest Code adopted September 17, 2013 based on changed circumstances; and

WHEREAS, under Assembly Bill 1484, as modified ABx1 26, the Successor Agency to theCity of Lakeport Redevelopment Agency is a separate legal entity from the City that formed theformer Redevelopment Agency; and

WHEREAS, the City of Lakeport Municipal Sewer District is also a separate legal entityfrom the City.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of

Lakeport, the Successor Agency to the Lakeport Redevelopment Agency, and the Board of the Cityof Lakeport Municipal Sewer District hereby adopts the Conflict of Interest Code attached asExhibit A, and;

THIS RESOLUTION was passed by the City Council of the City of Lakeport in itscapacity as such and as the Board of the Successor Agency to the Lakeport Redevelopment Agency,and the Board of the City of Lakeport Municipal Sewer District at a special meeting thereof on the6th day of October, 2015, by the following vote:


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AYES:NOES: ABSTAINING: ABSENT:

_________________________________MARTIN SCHEEL, Mayor

ATTEST:

_______________________________KELLY BUENDIA, Acting City Clerk


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City of Lakeport, City of Lakeport Municipal Sewer District,

City of Lakeport Redevelopment Successor Agency

Purpose

The Political Reform Act (Government Code Section 81000, et seq.) requires state and local

agencies to adopt and promulgate conflict of interest codes.

Incorporation of Section 18730 of the California Code of Regulations

The Fair Political Practices Commission has adopted a regulation (2 Cal. Code of Regs.,

Section 18730) that contains the terms of a standard conflict of interest code and may be incorporated

by reference in an agency’s code. After public notice and hearing, the standard code may be amended

by the Fair Political Practices Commission to conform to amendments in the Political Reform Act .

Therefore, the terms of 2 California Code of Regulations Section 18730 and any amendments to it duly

adopted by the Fair Political Practices Commission are hereby incorporated by reference. This

regulation and the attached appendices designating positions and establishing disclosure requirements

shall constitute the conflict of interest code of the City of Lakeport.

Filing

Individuals holding designated positions shall file their statements with the City Clerk, who shall

be the filing officer for the City of Lakeport, the City of Lakeport Municipal Sewer District, and the City of

Lakeport Redevelopment Successor Agency and who shall retain the statements and make the

statements available for public inspection and reproduction pursuant to Government Code Section 81008.

Government Code Section 87200 Filers

The following positions are not covered by this code because they must file under Government

Code Section 87200 and, therefore, are listed for informational purposes only:

City Council Members

Planning Commissioners

City Manager

City AttorneyCity Treasurer

Officials who manage public investments

Individuals holding the above-listed positions may contact the Fair Political Practices

Commission for assistance or written advice regarding their filing obligations if they believe that their

position has been categorized incorrectly. The Fair Political Practices Commission makes the final

determination whether a position is covered by Government Code Section 87200.



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Exhibit A

Designated Employees

A “designated employee” is an officer, employee, member or consultant of an agency whose

position is designated in the code because the position entails the making or participation in the making

of governmental decisions which may foreseeably have a material effect on any financial interest.

Making a governmental decision means the person (1) votes on a matter; (2) appoints a person;

(3) obligates or commits his or her agency to any course of action; or (4) enters into any contractual

agreement on behalf of his or her agency.

Participating in making of a decision means the person (1) negotiates, without significant

substantive review, with a governmental entity or private person regarding the decision; or (2) advises

or makes recommendations to the decision-maker by conducting research or an investigation, preparing

or presenting a report, analysis or opinion which requires the exercise of judgment on the part of the

employee and the employee is attempting to influence the decision.

Designated Employee Disclosure Categories

Administrative Services Director/City Clerk 1

Building Official 1

City Engineer 1

Community Development Director 1

Finance Director 1

Associate Planner 1

Police Chief 1

Public Works Director 1

City of Lakeport Municipal Sewer District (CLMSD) Board Members 1

Redevelopment Successor Agency Board Members 1

Consultants who making (not just recommend) governmental decisions, such as whether to

approve a rate, rule, or regulation, whether to issue, deny, suspend, or revoke any permit,

license, application, certificate or similar authorization, adopt or grant City approval to plan,

design, report, study, or adopt or grant City approval of policies, standards, or guidelines for

the City or any subdivision thereof.1

1

Consultants who act in a staff capacity with the City and in that capacity perform the same or

substantially the same or substantially all the same duties for the City that would otherwise be

performed by an individual holding a designated position in the City’s Conflict of Interest Code

Same level as the comparable

designated position identified

elsewhere in the Code

1 Consultants are included in the list of designated positions and shall disclose pursuant to the broadest disclosure category in the code, subject

to the following limitation:

The City Manager may determine in writing that a particular consultant, although a “designated position,” is hired to perform a range of duties

that is limited in scope and thus is not required to fully comply with the disclosure requirements in this section. Such written determination

shall include a description of the consultant’s duties and, based upon that description, a statement of the extent of disclosure requirements.

The City Manager’s determination is a public record and shall be retained for public inspection in the same manner and location as this conflict

of interest code (Government Code Section 81008).

120329.2


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Exhibit B

Disclosure Categories

Individuals holding designated positions must report their interests according to their assigned

disclosure category(ies).

Category 1



two miles of any land owned or used by the City of Lakeport. For the purposes of disclosure only, an

interest in real property does not include the principal residence of the filer. Category A filers must also

report all interests in investments, business positions in business entities and sources of income,

including gifts, loans, and travel payments from all sources.

Category 2



two miles of any land owned or used by the City of Lakeport.

Category 3

Designated employees in Category 3 must report all interests in business positions in business

entities and sources of income, including gifts, loans, and travel payments from sources that provide

services, supplies, materials, machinery, or equipment of the type utilized by the City of Lakeport.

Category 4


sources of personal and business entity income, including loans, gifts, and travel payments from sourcesthat provide services, supplies, materials, machinery, or equipment of the type utilized by the

designated position’s division or department.

Category 5


sources of personal and business entity income, including loans, gifts, and travel payments, from sources

that filed a claim against the agency during the previous two years or have a claim pending.

Category 6


sources of personal and business entity income, including loans, gifts, and travel payments from sources

of the type to request an entitlement to use agency property or facilities, including, but not limited to a

license, utility permit, or station vendor permit.



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roclamation

OF THE CITY COUNCILOF THE CITY OF LAKEPORT

WHEREAS, Domestic Violence impacts, women, children and men of all racial, cultural andeconomic backgrounds; and

WHEREAS, emotional and physical scars resulting from Domestic Violence are often severe

and long lasting; and

WHEREAS, in the fiscal year ending June 30, 2015, Lake County Law Enforcement responded

to over 409 incidents of Domestic Violence, including men, women and children. In the past 12 monthsthe Victim Witness Division of the District Attorney’s office has served over 377 victims of Domestic

Violence, and the District Attorney’s Office has prosecuted 68 felonies and 182 misdemeanor acts ofDomestic Violence. Lake Family Resource Center responded to 335 crisis line calls, served victims, andadditionally sheltered 101 domestic violence victims and their children for a total of 6,383 bed nights.

WHEREAS, it is crucially important to hold perpetrators responsible for assault and to prevent

Domestic Violence at every opportunity; and

WHEREAS, family violence is a community problem, stopping the cycle requires not only thestrength and courage of survivors, but also the support and involvement of all members of thecommunity; and

WHEREAS, many organizations such as the District Attorney’s Office, Sheriff’s Office,

Lakeport Police Department, Clearlake Police Department and Lake Family Resource Center arecommitted to ending Domestic Violence in Lake County and provide essential crisis intervention and

prevention services to all members of our community.

NOW, THEREFORE, BE IT PROCLAIMED that the month of October 2015 is designated as

Domestic Violence Awareness Month in the City of Lakeport, and our community is urged to support theefforts of the agencies assisting victims of domestic violence and to increase their involvement in effortsto prevent domestic violence, thereby strengthening our community and creating an environment whichhonors, nurtures and protects all members of every family.

I have hereunto set my hand and caused the Seal of the City of Lakeport to be affixed to this Proclamationon this 6th day of October, 2015.

_________________________________

Martin Scheel, Mayor


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CITY OF LAKEPORT

City Council



STAFF REPORT

RE: Minor Amendments & Revisions to the Lakeport Municipal

Code

MEETING DATE: 10/06/2015

SUBMITTED BY: Kevin M. Ingram, Community Development Director



The City Council is being asked to conduct a public hearing to consider three separate minor amendments and

revisions to the Lakeport Municipal Code:

A) Addition of Section 15.24 relating to expedited permitting procedures for small residential rooftop solar

systems.

B) Repealing Section 5.04.160.H imposing additional licensing fees on fortunetellers

C) Amending Section 10.12.180 to allow for the issuance of special parking permits for residential units in

the central business district without access to on-site parking.


On September 15, 2015 the aforementioned minor amendments and revisions to the Lakeport Municipal Codewere introduced and an opportunity for public comment was provided. Following discussion, the City Council

made a motion to introduce the proposed Municipal Code revisions and a public hearing was scheduled for

October 6, 2015. The City Clerk prepared a legal notice that was published in the Record-Bee and Lake County

News.

An overview of the proposed minor amendments and revisions to the Lakeport Municipal Code are provided

below:

A. Small Residential Rooftop Solar Energy System Review Process:

Pursuant to the enactment of AB 2188 in September of 2014 Section 65850.5(g)(1) requires that, on or before

September 30, 2015, every city and county must adopt an ordinance that creates an expedited, streamlinedpermitting process for small residential rooftop solar energy systems. The attached ordinance is intended to

satisfy this requirement. The ordinance codifies the requirements of Section 55850.5(g)(1), such as accepting

and approving applications electronically, directing the City’s Building Official to develop a checklist of all

requirements with which small rooftop solar energy systems shall comply to be eligible for expedited review,

and authorizing the Building Official to administratively approve such applications.

B. Repealing Sections of the Municipal Code Imposing Additional Licensing Fees on Fortunetellers

It was recently brought to the attention of City staff that the business license regulations of the Lakeport

Municipal Code (Section 5.04), originally adopted in 1959 imposes special licensing fees upon fortunetellers.

Fortunetelling constitutes protected speech under both the First Amendment of the United States and California

Meeting Date: October 6, 2015 Page 1 Agenda Item #VI.A.


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State Constitutions. As a result, the City may not impose an additional fee to engage in this activity, as it

represents an impermissible prior restraint on speech. The proposed ordinance repeals the specific sections of

the Lakeport Municipal Code which imposes special licensing fees upon fortunetellers.

C. Special Parking Permits for Residential Units in the Central Business District without access to On-Site

Parking

As the Council is aware, the existing configuration, shape and size of lots within the historic downtown business

district makes it difficult for businesses to comply with the City’s parking provisions. Currently, there are a

couple of existing residential units within the downtown area that do not have access to on-site parking and aresurrounded by timed parking zones. Section 10.12.180 of the Lakeport Municipal Code provides the Chief of

Police with the ability to issue parking permits for special uses including overtime parking within specially

designated timed spaces but only for a maximum of three days. Consistent with General Plan Policy CD 6.1

which promotes mixed use development within the Central Business District through the use of flexible parking

standards, staff is recommending that Section 10.12.180 be amended to allow the Chief of Police the ability to

issue annual parking permits to qualifying residences within the central business district. Such permits would be

limited to one per residence and would allow for overtime parking within designated 2 and 4 hour parking zones

not located directly in front of commercial store fronts.

OPTIONS:

1.

After conducting the public hearing and consideration of the proposed minor amendments and revisions tothe Lakeport Municipal Code adopt the proposed Ordinances as presented by staff.

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

the Lakeport Municipal Code, direct staff to make modifications or revisions to the proposed Ordinances.

3. After conducting the public hearing and consideration of the proposed minor amendments and revisions to

the Lakeport Municipal Code, take no action or take action to deny the proposed Ordinances.

FISCAL IMPACT:

None $ Budgeted Item? Yes No

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

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

Comments: None

SUGGESTED MOTIONS:

A. Small Residential Rooftop Solar Energy System Review Process:

Move to approve the ordinance adding Section 15.24 of the Lakeport Municipal Code establishing a review

process for small residential rooftop solar energy systems.

B. Repealing Sections of the Municipal Code Imposing Additional Licensing Fees on Fortunetellers

Move to approve the ordinance repealing sections of the Lakeport Municipal Code imposing additional

licensing fees on fortunetellers.

C. Special Parking Permits for Residential Units in the Central Business District without access to On-Site

Parking

Move to approve the ordinance amending Section 10.12.180 of the Lakeport Municipal Code to allow for the

issuance of special parking permits for residential units in the central business district without access to on-

site parking.



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Attachments: 1. Draft Ordinance Adding Section 15.24 of the Lakeport Municipal Code

establishing a review process for Small Residential Rooftop Solar Energy

Systems.

2. Draft Ordinance Repealing sections of the Lakeport Municipal Code imposing

additional fees on Fortunetellers.

3. Draft Ordinance Amending Section 10.12.180 of the Lakeport Municipal

Code to allow for the issuance of special parking permits for residential units

in the central business district without access to on-site parking.



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ORDINANCE NO. (2015)

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

SECTION 15.24 TO THE LAKEPORT MUNICIPAL CODE RELATING TO EXPEDITED

PERMITTING PROCEDURES FOR SMALL RESIDENTIAL ROOFTOP SOLAR

SYSTEMS

WHEREAS, Subsection (a) of Section 65850.5 of the California Government Code

provides that it is the policy of the State to promote and encourage the installation and

use of solar energy systems by limiting obstacles to their use and by minimizing the

permitting costs of such systems; and

WHEREAS, Subdivision (g)(1) of Section 65850.5 of the California Government

Code provides that, on or before September 30, 2015, every city, county, or city and

county shall adopt an ordinance, consistent with the goals and intent of subdivision (a)

of Section 65850.5, that creates an expedited, streamlined permitting process for smallresidential rooftop solar energy systems.

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

FOLLOWS:

SECTION 1. Section 15.24 Added: Section 15.24 is added to the City of Lakeport

Municipal Code to read in full as follows:

Section 15.24 Small Residential Rooftop Solar Energy System Review Process.

15.24.010 Purpose

The purpose of the Chapter is to adopt an expedited, streamlined solar permitting

process that complies with the Solar Rights Act and AB 2188 (Chapter 521, Statutes

2014) to achieve timely and cost-effective installations of small residential rooftop solar

energy systems. The Chapter encourages the use of solar systems by removing

unreasonable barriers, minimizing costs to property owners and the City, and expanding

the ability of property owners to install solar energy systems. The Chapter allows the

City to achieve these goals while protecting the public health and safety.

15.24.020 Definitions

A. The following words and phrases as used in this section are defined as follows:

“Electronic submittal” means the utilization of one or more of the following:

155326.1


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1. e-mail,

2. the internet,

3. facsimile.

“Small residential rooftop solar energy system” means all of the following:

1. A solar energy system that is no larger than 10 kilowatts alternating

current nameplate rating or 30 kilowatts thermal.

2. A solar energy system that conforms to all applicable state fire,

structural, electrical, and other building codes as adopted or

amended by the City and paragraph (3) of subdivision (c) of Section

714 of the Civil Code, as such section or subdivision may be

amended, renumbered, or redesignated from time to time.

3. A solar energy system that is installed on a single or duplex family

dwelling.

4. A solar panel or module array that does not exceed the maximum

legal building height as defined by the authority having jurisdiction.

“Solar energy system” has the same meaning set forth in paragraphs (1) and (2)

of subdivision (a) of Section 801.5 of the Civil Code, as such section or

subdivision may be amended, renumbered, or redesignated from time to time.

15.24.030 Duties of the Building Department

A. As per Section 65850.5 of the California Government Code, the Building Department

shall develop an expedited permitting process which shall include the adoption of a

checklist of all requirements for which a small residential solar energy system may be

eligible for expedited review.

B. All documents required for the submission of an expedited solar energy system

application shall be made available on the City’s website.C. An applicant may submit the permit application and associated documentation to

the City’s Building Department in person, by mail, or by electronic submittal along with

the permit fee.

D. In the case of electronic submittal, an applicant’s electronic signature shall be

accepted on all forms, application and other documents in lieu of a wet signature. For

purposes of this Section, the City will accept as an electronic signature an electronic

155326.1


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copy, such as a facsimile image or an electronic image (such as a PDF), of an applicant’s

original signature.

15.24.040 Permit Review and Inspection Requirements

A. Prior to submitting an application, the applicant shall:

1. Verify to the applicant’s reasonable satisfaction through the use of standard

engineering evaluation techniques that the support structure for the small

residential rooftop solar energy system is stable and adequate to transfer all

wind, seismic, and dead and live loads associated with the system to the building

foundation; and

2. At the applicant’s cost, verify to the applicant’s reasonable satisfaction using

standard electrical inspection techniques that the existing electrical system

including existing line, load, ground and bonding wiring as well as main panel

and subpanel sizes are adequately sized, based on the existing electrical

system’s current use, to carry all new photovoltaic electrical loads.

B. An application that satisfies the information requirements in the checklist, as

determined by the building official, shall be deemed complete. Upon receipt of an

incomplete application, the building official shall issue a written correction notice

detailing all deficiencies in the application and any additional information required to

be eligible for expedited permit issuance.

C. For a small residential rooftop solar energy system eligible for expedited review, onlyone inspection shall be required, which shall be done in a timely manner and may

include a consolidated inspection by the building official and fire chief. If a small

residential rooftop solar energy system fails inspection, a subsequent inspection is

authorized; however the subsequent inspection need not conform to the requirements

of this subsection.

D. Upon confirmation by the building official of the application and supporting

documentation being complete and meeting the requirements of the checklist, the

building official shall administratively approve the application and issue all required

permits or authorizations. Such approval does not authorize an applicant to connect thesmall residential rooftop energy system to the local utility provider’s electricity grid. The

applicant is responsible for obtaining such approval or permission from the local utility

provider.

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

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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. The project is exempt from environmental review per CEQA

Guidelines under the General Rule (Section 15061(b)(3)). The project involves updatesand revisions to existing regulations. The proposed code amendments are consistent

with California Law, specifically Government Code section 65850.5 and Civil Code

section 714. It can be seen with certainty that the proposed Municipal Code text

amendments will have no significant negative effect on the environment.

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

adoption as provided by Government Code section 36937.

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

adoption of this Ordinance and shall give notice of its adoption as required by law.

Pursuant to Government Code section 36933, a summary of this Ordinance may be

published and posted in lieu of publication and posting the entire text.

INTRODUCED and first read at a regular meeting of the City Council on the 15th

day of

September, 2015, by the following vote:

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

NOES: None

ABSTAIN: None

ABSENT: Council Member Turner

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

thereof held on the 6th

day of October 2015, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

___________________________MARTIN SCHEEL, Mayor

ATTEST:

_____________________________

KELLY BUENDIA, Acting City Clerk

155326.1


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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKEPORT REPEALING

SECTIONS OF THE LAKEPORT MUNICIPAL CODE IMPOSING ADDITIONALLICENSING FEES ON FORTUNETELLERS

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

SECTION 1. Amendment to Business Licenses Ordinance

Section 5.04.120 of Title 5, Chapter 5.04 of the Lakeport Municipal Code is amended to

read as follows:

5.04.120 License Taxes Designated.

A. A license tax, which shall be paid to the city by every person, firm, association or

corporation engaged in, conducting or carrying on any profession, trade, business,

calling or occupation within said city, is fixed, established and provided as set forth in

this chapter.

B. For the purpose of this chapter, every person carrying on business in the city shall

pay a license tax as follows:

One Hundred Fifty Dollars Plus Ten Dollars Per Employee

Chain stores, nonfranchise

Health spa

One Hundred Dollars Plus Ten Dollars Per Employee

Attorney at law

Auditor, accountant, certified and public

Auto sales agencies

154677.3


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Boat sales and rentals

Chiropractors

Dentists

Drugstore

Lumber, building materials, hardware and paint

Optician, optometrist or oculist

Physicians and surgeons

Real estate sales agency

Title insurance

Veterinarian

Eighty Dollars Plus Ten Dollars Per Employee

Auto body repairs

Cleaner and tailor

Cleaning establishments

Electrical goods and appliances and contractors

General contractors

Laundry, self-service or otherwise

Plumbing goods and appliances and contractors

Sand, gravel, cement sales and contractors

Sheet metal goods and appliances

Specialty contractors not specified in this classification

Seventy-five Dollars Plus Ten Dollars Per Employee

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Auto parts

Bars where alcoholic beverages are sold

Distribution or wholesaling of gasoline, lubricating oil, greases or road oil, etc.

Dry goods stores

Furniture stores

Grocery stores, other than chain

Hardware stores

Liquor stores

Meat sales, wholesale or retail

Newspaper

Restaurants with sale of hard liquor

Sporting goods

Undertakers, mortuary

Variety stores

Sixty Dollars Plus Ten Dollars Per Employee

Beauty shops

Engine repairs

Garages

Jewelers, gifts, paper products

Machine shops

Fifty Dollars Plus Ten Dollars Per Employee

Children’s wear

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Ladies wear and/or shoes

Menswear and/or shoes

Printing, card writers, mimeographing

Shoe stores

Theaters

Wholesale distributors

Forty Dollars Plus Ten Dollars Per Employee

Bait shop

Locksmith, gunsmith

Restaurant, grill, lunch counter, etc.

Service station

Tobacco

Thirty Dollars Plus Ten Dollars Per Employee

Draying

Fixit shop

Grinder, cutlery, knives and tool sharpening

Hobby shop

Shooting gallery

Twenty Dollars Plus Ten Dollars Per Employee

Auto washing

Convalescent hospitals

Odd jobs, gardening

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Parcel delivery or delivery service, trailer rentals

Piano tuning

Roller skating rink

Shoeshine stands

Taxicabs, messenger service

Window cleaners, janitors

Twenty Dollars

Part-time home occupations

One Hundred Fifty Dollars Per Table

Cardrooms

Twenty-five Dollars Per Table

Pool rooms

Sixty Dollars

Mobile-based occupation

Ten Dollars Per Unit

Apartments

Ten Dollars Per Space

Trailer park, recreational vehicles, permanent rentals

Two Dollars and Fifty Cents Per Space

Campgrounds

One Hundred Dollars Per Event

Boxing, wrestling, miscellaneous entertainment

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Fifty Dollars Per Day

Fortuneteller, clairvoyant, etc. Peddlers

One Hundred Dollars Per Day

Automobile races

Carnivals

Circus, etc.

Motorcycle races

Rodeo

Five Dollars Per Machine

Mechanical musical and amusement devices

Vending machines

Forty Dollars Plus Ten Dollars Per Employee

Businesses not specified in this subsection

Ten Dollars

One-time permit

C. A person engaged in two or more businesses at the same location shall not be

required to obtain separate licenses for conducting each of such businesses but shall be

issued one license for the primary use which license shall also specify on its face all

businesses carried out by applicant at the location.

D. Every person engaged in any business not specified in this chapter shall pay an

annual license tax of twenty dollars. (Ord. 565 §1, 1978; Ord. 365 §11(part), 1959)

SECTION 2. Amendment to Business Licenses Ordinance

Section 5.04.160 of Title 5, Chapter 5.04 of the Lakeport Municipal Code is amended to

read as follows:

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5.04.160 Boxing, wrestling and miscellaneous entertainments.

A. Every person conducting the business of a traveling theatrical show shall pay a

license tax of twenty-five dollars for the first day and ten dollars per each day

thereafter.

B. Every person conducting the business of a circus, wild west show, or trained animal

show shall pay a license tax of twenty-five dollars per day.

C. Every person conducting, managing or carrying on a boxing or wrestling contest or

connected with a carnival shall pay a license tax of twenty-five dollars per day.

D. Every person carrying on or conducting automobile races in the city shall pay a

license tax of ten dollars per day.

E. Every person conducting motorcycle races in the city shall pay a license tax of

twenty-five dollars.

F. Every person conducting a rodeo in the city shall pay a license of twenty-five dollars

per day.

G. Every person conducting a carnival in the city shall pay a license tax of fifty dollars

per day.

H. Every person engaged in the business of fortuneteller, astrologer, seer, clairvoyant,

palmist, phrenologist, spiritualist, spiritualistic medium or mind or character reader,

demanding a fee for his services, shall pay a license tax of twenty five dollars per day.

I. H. Any show, exhibition or concession mentioned in this section, before beginning

operations must obtain a permit from the city clerk and such permit shall not be granted

unless documentary evidence is shown that such person, firm or corporation carries for

the benefit of its patrons, public liability insurance in an amount of not less than one

hundred thousand dollars, protecting such patrons against damage or injury and

accidental hazards arising from the business carried on by the applicant.

J. I. The license tax herein provided for may not be avoided by tie-in with local fraternal

or civic organizations or for benefits, charity or other purposes for subterfuge designed

to relieve the applicant from the payment of the fee. (Ord. 365 §20, 1959)

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SECTION 3. 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 4. 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 5. Effective Date. This Ordinance shall take effect thirty (30) days after


SECTION 6. Certification. The City Clerk shall certify to the passage and adoption of

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

Government Code section 36933, a summary of this Ordinance may be published and

posted in lieu of publication and posting the entire text.


day of


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

NOES: None

ABSENT: Council Member Turner

ABSTAINING: None

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

meeting thereof held on the 6th day of October 2015, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINING:

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___________________________

MARTIN SCHEEL, Mayor

ATTEST:

____________________________________


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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKEPORT AMENDING

SECTION 10.12.180 OF THE LAKEPORT MUNICIPAL CODE TO ALLOW FOR THE

ISSUANCE OF SPECIAL PARKING PERMITS FOR RESIDENTIAL UNITS IN THE

CENTRAL BUSINESS DISTRICT WITHOUT ACCESS TO ON-SITE PARKING

WHEREAS, the Community Design Element of the Lakeport General Plan and the

Lakeport Zoning Ordinance promote mixed use development within the Central

Business District and encourage flexible parking standards for mixed land uses (General

Plan Policy CD 6.1); and

WHEREAS, mixed land uses are critical to achieving great places to live, work,

play and shop; and

WHEREAS, mixed land uses also convey substantial fiscal and economic benefitsbecause commercial uses in close proximity to residential areas often have higher

property values and therefore help increase local tax revenues; and

WHEREAS, the existing configuration, shape and size of lots within the historic

downtown business district limits the ability of existing properties with residential units

above first floor commercial establishments to meet the required on-site parking

provisions of the Zoning Ordinance.

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

FOLLOWS:

SECTION 1. Amendment to Stopping, Standing and Parking Ordinance

Section 10.12.180 of Title 10, Chapter 10.12 of the Lakeport Municipal Code is amended

to read as follows:

10.12.180 Permit for overtime parking.

A. The chief of police may upon application therefor issue a special permit to park any

vehicle or other equipment in a parking area on a city street, for a period not to exceedthree days unless renewed by application.

B. The chief of police may upon application therefor issue a special parking permit to

a property owner or tenant of a residence without access to on-site parking within the

central business zoning district subject to the following requirements:

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1. Permit shall allow for parking within designated 2 and 4 hour

parking zones not located in front of a business or commercial building.

2. Permit shall be limited to one vehicle per verified residence.

3.

Permit shall be renewed annually.

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]rganizations 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 categorically exempt from

CEQA pursuant to CEQA Guidelines §15305 as the issuance of said permits will not

result in the modification of any land uses or density pursuant to CEQA Guidelines

§15305

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


SECTION 5. Certification. The City Clerk shall certify to the passage andadoption of this Ordinance and shall give notice of its adoption as required by law.

Pursuant to Government Code section 36933, a summary of this Ordinance may be

published and posted in lieu of publication and posting the entire text.


day of


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

NOES: None

ABSTAIN: NoneABSENT: Council Member Turner

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

thereof held on the 6th

day of October 2015, by the following vote:

AYES:

NOES:

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ABSTAIN:

ABSENT:

___________________________MARTIN SCHEEL, Mayor

ATTEST:

_____________________________


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CITY OF LAKEPORT

City Council



STAFF REPORT

RE: Formation of Lakeport Industrial Development Authority,

Ordinance Adoption

MEETING DATE: 10/6/2015

SUBMITTED BY: Daniel Buffalo, Finance Director



Conduct a public hearing on and adopt Ordinance No._________ establishing the Lakeport Industrial

Development Authority.


The Lakeport Public Financing Authority (the “Prior Authority”) was formed in 2000 under a joint Exercise of

Powers Agreement between the City and the Redevelopment Agency of the City of Lakeport (the “RDA”), which

has now become the successor agency (the “Successor Agency”). By action of the California legislature, as

confirmed by the California Supreme Court (the “Dissolution Act”), all redevelopment agencies in California,

including the RDA, were dissolved on February 1, 2012. Therefore, as a result of the Dissolution Act, the current

parties to the joint powers agreement are technically the City and the Successor Agency.

The Dissolution Act provides that the Successor Agency will terminate its existence by operation of law within

one year following the date when all debt of the Successor Agency has been retired or paid off. The final

Successor Agency bond payment is September 1, 2038. It is commonly understood that an existing joint powers

agency that has outstanding bonds at the time of the Dissolution Act can retain its existence through the final

maturity of the existing bonds; however, for new bond issues, it is recommended that a new joint powers

agency be formed.

For the reasons stated above, staff recommends that a new joint exercise of powers authority be created (which

will be called the “Lakeport Joint Powers Authority”), and proposes that the City first form a new entity titled the

“Lakeport Industrial Development Authority” (the “IDA”), to serve as the other member of the Lakeport Joint

Powers Authority (the “Authority”). By creating a new authority that does not include the RDA as a member, the

City will have an entity that can issue the bonds a

100615 lakeport city council agenda packet

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