121713 lakeport city council agenda packet

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

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

CLOSED SESSION: CLOSED SESSION TO START AT 5:30 p.m.

1. Conference with Legal Counsel; Anticipated Litigation (Gov. Code54956.9(d)(2) & (d)(3)). 1 Potential Case.

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

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 CodeSection 3693

B. Minutes: Approve minutes of the regular City Council meeting of November 19, 2013.

C. Warrants: Approve warrants as listed on Warrant Registers dated November 14, 2013,

November 20, 2013 and December 4, 2013.

V. CITY COUNCIL REORGANIZATION:

A. City Clerk

1. Appointment of Mayor andMayor Pro Tem

Nomination and election of Mayor and Mayor Pro Tem for a period of one yea

VI. 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 Cons

Calendar portion of this agenda.



B. Application 2014-001 Approve Application 2014-001 for the NorCal Air Cooled Groups 2014 Lakepo

Camp and Shine VW Car Show to be held June 14, 2014.

C. Maddy Act Report Receive and file report from City Clerk in conformance with the California Mad

Act.

VII. 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.

Presentation of Awards for Holiday

Decorating Contest

Announcement of, and presentation to winners of the 2013 Holiday Decoratin

Contest, sponsored by the Lakeport Main Street Association, the Lake County

Chamber of Commerce and the City of Lakeport.

VIII. COUNCIL BUSINESS:

A. City Clerk

AGENDAREGULAR MEETING OF THE LAKEPORT CITY COUNCIL AND THE BOARD O

DIRECTORS OF THE CITY OF LAKEPORT MUNICIPAL SEWER DISTRICTTuesday, December 17, 2013

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


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City Council Agenda of December 17, 2013 Page 2

1. Appointment to Vector ControlDistrict Board of Trustees

Appoint the City of Lakeports representative to the Lake County Vector Contr

Districts Board of Trustees, effective January 1, 2014 and expiring at the end o

2015.

2. Appointments to the LakeportEconomic Development

Advisory Committee (LEDAC)

Appoint members to the Lakeport Economic Development Committee effectiv

January 1, 2014 and expiring at the end of 2015.

3. Appointments to the Parks andRecreation Commission

Appoint members to the Parks and Recreation Committee effective January 1,

2014 and expiring at the end of 2015.

B. City Engineer

1. Award of USDA Water StorageTank Repair & Recoating

Project

Authorize the City Manager to execute a contract with Farr Construction for th

completion of the USDA Storage Tank Repair & Recoating Project.

C. Planning Services Manager

1. Enforcement of Time Limit forTemporary Signs

Consider request from Staff for direction regarding the enforcement of the Cit

temporary sign regulations.

D. Public Works Director

1.

Utility Truck PurchaseAgreements

Authorize the City Manager to sign sales contracts for the purchase of two (2)Utility trucks.

IX. CITY COUNCIL COMMUNICATIONS:

A. Miscellaneous Reports, if any:

X. 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.

The City of Lakeport, in complying with theAmericans 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 Clerks 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: Mayor Engstrom opened the meeting at 5:02. Mayor Engstrom adjourned to

closed session at 5:03 pm to discuss:

1. Threat to Public Services or Facilities (Gov. Code 54957). Consultatiowith Lakeport Police Department.

I. 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 Mattina, Parlet, Scheel a

Spillman present.

REPORT OUT OF CLOSED SESSION: Mayor Engstrom advised there was no reportable action taken on the Closed

Session item.

II. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by City Engineer Harter.

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

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

presented.

Urgency Items: There were no urgency items.

IV. CONSENT AGENDA:



B. Minutes: Approve minutes of the regular City Council meeting of November 5, 2013.

Vote on Consent Agenda: A motion was made by Council member Spillman, seconded by Council membe

Scheel, and unanimously carried by voice vote to approve the consent calenda

items A-B, as presented.

V. PUBLIC PRESENTATIONS/REQUESTS:

A. Citizen Input: There was no citizens input.

Presentation: Mayor Engstrom presented a Certificate of Recognition for Budget Preparation

the City of Lakeport Finance Director Buffalo from the Government Finance

Officers Association.

Introduction of New Employees: Public Works Director Brannigan introduced the new Public Works Departmen

Secretary, Cyndy Ader.

VI. COUNCIL BUSINESS:

A. Public Works Director

1. Westshore Pool Public Works Director Brannigan presented the staff report regarding the

purchase of a replacement pump for the Westshore Pool, and future operatiothe Westshore Pool.

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

Spillman, and unanimously carried by voice vote to authorize the Public Works

Director to replace the pump at the Westshore Pool.

The Council then directed Staff to continue negotiating with the Lakeport Unif

School District regarding pool operations.

B. City Engineer

1. Downtown ImprovementProject

City Engineer Harter presented the staff report updating the current status of

Downtown Improvement Project, Phase II.

Cathy McKeon of Rau and Associates gave a slide show presentation of the

tentatively approved designs for the project, and answered questions.

Terry Persons, Lakeport resident and Traffic Planner spoke in favor of the plan

MINUTESREGULAR MEETING OF THE LAKEPORT CITY COUNCIL

Tuesday, November 19, 2013

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


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City Council Minutes of November 19, 2013 Page 2

C. Finance Director

1. Quarterly Financial Report Finance Director Buffalo presented the Financial Report for the fourth quarterFY2012-2013.

VII. CITY COUNCIL COMMUNICATIONS:

A. Miscellaneous Reports, if any: Council member Spillman reported that Paula Duggan takes over as Executive

Director of the LMSA on December 3, 2013. He also reported the Lakeport Fir

District Chief Wells is retiring, and the District is proposing to have the KelseyvFire District Chief oversee both departments temporarily.

Council member Mattina advised she had nothing to report.

Council member Scheel reported that PEG would like to televise Council

meetings in the near future. Council members Scheel and Mattina attended th

APC meeting, at which time the Highway 29 project was approved. Constructio

should commence in 2017. Council member Scheel will be gone Tuesday

Sunday of next week.

Council member Parlet complimented the Employee Appreciation program.

Mayor Engstrom announced cancellation of regularly scheduled Council meeti

of December 3, 2013.

Mayor Engstrom thanked management for their efforts on the Employee

Appreciation Luncheon.

City Engineer Harter reported he has received 2 bids for the water tank projec

He will bring this item back to Council soon.

Chief Rasmussen advised that he had nothing to report.

Finance Director Buffalo advised he had nothing to report.

Public Works Director Brannigan advised he had nothing to report.

City Manager Silveira congratulated City of Lakeport employees Jake Teschner

and Mike Sobieraj for their contributions which earned them the 2013 City of

Lakeport Peer Award.VIII. ADJOURNMENT: Mayor Engstrom adjourned the meeting at 7:31 p.m.

_______________________________________

THOMAS ENGSTROM, Mayor

_______________________________________

HILARY BRITTON, Acting Deputy City Clerk


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31/157Meeting Date: 12/17/2013 Page 1 Agenda Item #V.A.1.

CITY OF LAKEPORTCity Council

Lakeport Redevelopment AgencyCity of Lakeport Municipal Sewer District

STAFF REPORTRE: City Council Reorganization MEETING DATE: 12/17/2013

SUBMITTED BY: Kelly Buendia, Acting City Clerk

PURPOSE OF REPORT: Information only Discussion Action Item

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

The Council is asked to hold its annual reorganization meeting.

BACKGROUND:

In December, the City Council holds its annual reorganization meeting. This meeting includes theappointment of Mayor and Mayor Pro Tem.

DISCUSSION:

Mayoral elections are conducted by the City Clerk as part of that positions statutory duties. It isrecommended that the current Mayor announce that elections for Mayor and Mayor Pro Tem are to beconducted by the Acting City Clerk and turn the meeting over to the Acting City Clerk.

The Acting City Clerk will request nominations for Mayor (which do not require a second but do require theacceptance of the nomination by the nominee) and conduct a public election by voice vote. Following the

election of Mayor, the Acting City Clerk will provide a similar nomination and election process for MayorPro Tem.

At that point, the new Mayor will be seated, and the meeting will be turned over to the new Mayor.

The new Mayor has the responsibility to make appointments to various commissions, boards, andcommittees. In order to give the Mayor time to review these committees and ascertain who would like toserve on them, the appointments to the commissions, boards, and committees will take place at the nextregular council meeting. A copy of the current assignments is included for informational purposes.

OPTIONS:

The reorganization meeting is a mandatory meeting for all City Councils.

FISCAL IMPACT:

None $ Account Number: Comments:

SUGGESTED MOTIONS:

None

Attachments: 1. Current Liaisons To Commissions, Boards, Committees


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1

Janel Chapman

From: Lori Price [[email protected]]Sent: Wednesday, November 06, 2013 4:44 PMTo: Janel ChapmanSubject: RE: App 2014-001 - Lakeport Camp & Shine 2014

Good afternoon Hillary,

Thank you for the opportunity to comment on this application. After reviewing the application, it doesnot appear that this event will impact County maintained roadways.

Sincerely,

Lori PriceSecretary IIILake County Department of Public Works255 N. Forbes Street, Rm 309

Lakeport, CA 95453

(707) [email protected]

From:Janel Chapman [mailto:[email protected]]

Sent:Wednesday, November 06, 2013 2:37 PMTo:Barbara Loveless; Cheryl Bennett; Cheryl Smart ([email protected]); Dale Stoebe; Doug Grider; Ellen Dills;Executive Management; Jason Ferguson; Jim Kennedy; Kevin Odom; Linda Sobieraj; Lori Price; Pheakdey Preciado; TinaBanuet ([email protected])

Subject:App 2014-001 - Lakeport Camp & Shine 2014

Pleasefindattachedapplication2014001fromtheNorCalAircooledGroupfortheLakeportCamp&Shine

2014event

on

6/14/2014.

IwouldliketoputthisontheCouncilAgendaforthe12/03/2013meeting,sopleasehavecommentsbackto

meby11/18/2013.

Thankyou,

HilaryBritton

Onbehalfof:

JanelChapman,CityClerk

Cityof

Lakeport

225ParkStreet

Lakeport,CA95453

Phone: (707)2635615,Ext.12

Fax: (707)2638584

[email protected]


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40/157Meeting Date: 12/17/2013 Page 1 Agenda Item #VI.C.



STAFF REPORTRE: Maddy Act Appointment List MEETING DATE: 12/17/2013




The City Council is being asked to receive and file an annual report pursuant to the Maddy Act.

BACKGROUND:

The Maddy Act (Government Code Sections 54970 through 54974) requires that on or before December 31of each year, each legislative body prepare an appointments list of all regular ongoing boards, commissions,and committees which are appointed by the legislative body of the local agency.

DISCUSSION:

Pursuant to the Maddy Act, the list must contain the list of all appointive terms which expire during the nextcalendar year, with the name of the incumbent appointee, the date of appointment, the date the termexpires, and the necessary qualifications for the position. The list must be made available to the public.This list has been posted.

The City Clerk will proceed with advertising to fill any vacancies which have occurred or will be occurring.

OPTIONS:

n/a

FISCAL IMPACT:

None $ Account Number:

Comments:

SUGGESTED MOTIONS:

Receive and file the annual Maddy Act Appointment List

Attachments: 1. Maddy Act Appointment List


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ATTACHMENT 1

CITY OF LAKEPORT

MADDY ACT APPOINTMENT LIST

NOTICE: In compliance with the requirements of the Maddy Act (Government Code 54970, et seq.), the following appointment list

was posted on or before December 31, 2012, at the City Hall, City of Lakeport, 225 Park Street, Lakeport, CA 95453. The City Counci

of the City of Lakeport will make appointments to the positions below (printed in red), which will expire or will otherwise become

vacant in 2014.

Unless noted otherwise, all appointees must be residents of the City of Lakeport.

Planning Commission

*The Planning Commission meets the second Wednesday of each month at 6:00 p.m. in the Council Chambers of City Hall.

COMMISSIONER DATE APPOINTED TERM ENDS

Thomas Gaynor June 19, 2012 June 19, 2016

Ross Kauper October 5, 2010 October 5, 2014

Suzanne Russell August 17, 2010 August 17, 2014

Ken Wicks May 1, 2012 May 1, 2016

Harold Taylor October 5, 2010 October 5, 2014

*The city council may appoint one member who lives outside of the city limits but within the Lakeport zip code area.Parks & Recreation Commission

The Parks & Recreation Commission meets on the second Thursday of each month at 3:00 p.m. in the Council Chambers at City Hall.


Ann Blue December 20, 2011 December 31, 2013

Suzanne Russell December 20, 2011 December 31, 2013

Lynn Andre June 04, 2013 December 31, 2014

Cindy Ustrud December 20, 2011 December 31, 2013

Vacant

Traffic Safety Advisory Committee

The Traffic Safety Advisory Committee meets the third Wednesday of each month at 9:00 p.m. in the Council Chambers at City Hall.


Ann Blue February 15, 2011 March 1, 2015

Vicki Cole April 24, 2006 March 2, 2014

Steven Jones October 5, 2010 October 5, 2014

Suzanne Russell February 15, 2011 March 1, 2015

Kermit Knudson February 15, 2011 March 1, 2015

Walter Cox February 15, 2011 March 1, 2015

*Lakeport Economic Development Advisory Committee

This committee meets the first Wednesday of each month at 7:00 a.m. in the Council Chambers at City Hall.


Wilda Shock January 15, 2013 December 31, 2014

Melissa Fulton January 15, 2013 December 31, 2014Carol Cole-Lewis January 15, 2013 December 31, 2014

William Eaton January 15, 2013 December 31, 2014

Mireya Turner January 15, 2013 December 31, 2014

Carol Hays December 20, 2011 December 31, 2013

George Linn December 20, 2011 December 31, 2013

Nina Marino December 20, 2011 December 31, 2013

Taira St. John August 21, 2012 December 31, 2013

Barbara Johnson August 21, 2012 December 31, 2013

Vacant

*Membership to this committee is open to anyone who lives, works, shops, or does business in the City of Lakeport. This includes residents who live inunincorporated areas of the Lakeport trade area.


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Lakeport Successor AgencyCity of Lakeport Municipal Sewer District

STAFF REPORTRE: Lake County Vector Control District Board Appointment MEETING DATE: 12/17/2013




The City Council is being asked to invite applicants to make a short presentation and appoint one individualto serve on the Lake County Vector Control District's Board of Trustees.

BACKGROUND:

The Lake County Vector Control District is a public health agency that protects Lake County residents andvisitors from vectors and vector-borne diseases. The District is an independent special district that operatesunder the California Health and Safety Code 2000-2093, and is governed by its own board of trustees.

The California Health and Safety Code 2022 (b) & (d) requires that each person appointed by a city councilto be a member of a board of trustees shall be a voter in that city and a resident of that portion of the citythat is within the district, and that it is the intent of the Legislature that persons appointed to boards oftrustees have experience, training, and education in fields that will assist in the governance of the districts.

The Lake County Vector Control District is governed by a Board of Trustees that establishes policies forthe operation of the district. The Board consists offive trustees: one appointed by the City of Clearlake,one appointed by the City Lakeport, and three appointed by the County of Lake. Each trustee is appointedto serve a 2-year or 4-year term, at the discretion of the appointingauthority.

The incumbent appointee, George Spurr, was appointed in January 2013 to fulfill the term of hispredecessor who had passed away in 2012. This term expires December 31, 2013. Mr. Spurr has submittedan application for reappointment.

DISCUSSION:

The Clerk's office has received two applications for this appointment. The Council should review the

applications and allow each applicant to make a short presentation detailing his/her background, interests,and why he/she would like to serve. The Council should then nominate and appoint the individual to serveon the Lake County Vector Control District Board of Trustees as set forth above. There were twoapplications received which are attached.

OPTIONS:

Choose only one member to serve or direct staff to further advertise the position.

FISCAL IMPACT:




SUGGESTED MOTIONS:

Move to appoint one individual to the Lake County Vector Control District Board of Trustees effectiveJanuary 6, 2014, and expiring at the end of 2016.

Attachments: 1. Application for Appointment: George Spurr2. Application for Appointment: Randall Williams


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STAFF REPORTRE: Lakeport Economic Development Advisory Committee

AppointmentsMEETING DATE: 12/17/2013




The City Council is being asked to invite applicants to make a short presentation and appoint individuals to

serve on the Lakeport Economic Development Committee.

BACKGROUND:The Lakeport Economic Development Committee was established in December of 2010 to advise the CityCouncil, City Manager, and Lakeport Economic Development Program staff on developing potentialprograms and strategies for economic development in the City, establishing and maintaining regularcommunication between the City and the business community, evaluating community needs and desires foreconomic development, and focusing on commerce solutions that enhance the quality of life for theLakeport community. The committee consists of 11 members as well as Staff, designated by the CityManager, who serve as ex-officio members. Currently, the City Manager is the City's ex-officio member. In2013, there were only ten members. Members are to serve two-year terms, with terms commencing onJanuary 1st.

DISCUSSION:The terms of five of the committee members will expire December 31st, 2013. The Council should reviewthe applications and allow each applicant to make a short presentation detailing his/her background,interests, and why he/she would like to serve. The Council should then nominate and appoint theindividuals to serve on the Lakeport Economic Development Committee as set forth above. Unfortunately,there were only four applications received.

OPTIONS:Choose members to serve and/or direct staff to further advertise the positions.

FISCAL IMPACT:


SUGGESTED MOTIONS:Move to appoint members to the Lakeport Economic Development Committee effective January 1, 2014,and expiring at the end of 2015.

Attachments: 1. Application for Appointment - Linn2. Application for Appointment - Pepper-Duggan3. Application for Appointment - Hutt4. Application for Appointment - St. John


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STAFF REPORTRE: Parks and Recreation Commission Appointments MEETING DATE: 12/17/2013




The City Council is being asked to invite applicants to make a short presentation and appoint individuals toserve on the Parks and Recreation Commission.

BACKGROUND:

The Parks and Recreation Commission was established in 1984 to act in an advisory capacity only to theCity Council in matters pertaining to city parks and recreation, to cooperate with the planning commissionand civic organizations to advance the sound planning of new recreation areas and facilities, to recommend,from time to time, policies on city recreation facilities to the city council for consideration and approval, andto perform such other duties as may be assigned to the commission by the city council.

The commission consists of five members who are to serve a two-year term. The terms are to be staggeredbetween even and odd years so that three members are chosen in January of even years and two memberschosen in January of in odd years.

DISCUSSION:

The terms of three of the commissioners are set to expire December 31, 2013. The Council should reviewthe applications and allow each applicant to make a short presentation detailing his/her background,interests, and why he/she would like to serve. The Council should then nominate and appoint theindividuals to serve on the Parks and Recreation Commission as set forth above.

Three applications for reappointment were received. There is still one vacant seat on the Commission.

OPTIONS:

Reappoint three members to serve and/or direct staff to further advertise the positions.

FISCAL IMPACT:


SUGGESTED MOTIONS: Move to appoint three members to the Parks and Recreation Commissioneffective January 1, 2014, and expiring at the end of 2015.

Attachments: 1. Applications for Appointment - Suzanne Russell2. Application for Appointment - Ann Blue3. Application for Appointment - Cindy Ustrud


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68/157Meeting Date: 12/17/2013 Page 1 Agenda Item #VIII.B.1.

CITY OF LAKEPORT

City CouncilCity of Lakeport Municipal Sewer District

STAFF REPORT

RE: Award of USDA Water Storage Tank Repair & RecoatingProject

MEETING DATE: 12/17/13

SUBMITTED BY: Scott Harter, City Engineer


WHAT IS BEING ASKED OF THE CITY COUNCIL/BOARD:

The Council is being asked to authorize the City Manager to execute a contract with Farr Construction forthe completion of the USDA Storage Tank Repair & Recoating Project.

BACKGROUND:

The bid opening for the subject project was held on November 14, 2013 and two bids were received. Theapparent low bidder is Farr Construction Corporation based in Sparks, Nevada. The other bid was receivedfrom Crosno Construction, Inc. of Arroyo Grande, California. The engineer's construction cost range wasfrom $895,000 to $1,160,000 and the apparent low bid came in at $948,262.00.

The bids were analyzed and the Bid Award Information package including the USDA checklist wascompiled and transmitted to USDA for review on December 2, 2014. Mr. Michael Starinsky with the DavisUSDA office reviewed the package and concurred with the recommendation to award the project to FarrConstruction Corporation.

DISCUSSION:

Attached for your information is the Bid Award Information package which includes a summary andanalysis of the bids received as well as a complete copy of Farr Construction Coporation's bid, the responsefrom the USDA RD, Davis office as well as a copy of the suggested form of agreement that the USDArequires the City and Contractor to utilize.

OPTIONS:

Authoize the City Manager to execute the approved form of contract with Farr Construction Corporationfor the construction of the Water Storage Tank Repair & Recoating Project.

FISCAL IMPACT:

None $948,262.00 Account Number: 504.3060.930 Comments: USDA RuralDevelopment Funded Project

SUGGESTED MOTIONS:

Move to authorize staff to execute the agreement with Farr Construction Corporation in the amount of$948,262.00 for the construction of the USDA Potable Water Storage Tank Repair & Recoating Project.

Attachments: 1. USDA suggested form of Agreement2. Letter Approving Award from USDA3. Bid Award Information Packet


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SUGGESTED FORM OF AGREEMENT

BETWEEN OWNER AND CONTRACTOR

FOR CONSTRUCTION CONTRACT (STIPULATED PRICE)

FUNDING AGENCY EDITION

THIS AGREEMENT is by and between City of Lakeport (Owner) and

(Contractor).

Owner and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows:

ARTICLE 1 WORK

1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work isgenerally described as follows:

1.0 & 1.5 MG POTABLE WATER STORAGE TANKS REPAIR & RECOATING PROJECT

ARTICLE 2 THE PROJECT

2.01 The Project for which the Work under the Contract Documents may be the whole or only a part isgenerally described as follows:


ARTICLE 3 ENGINEER

3.01 The Project has been designed by PACE Engineering, who is to act as Owners representative, assumeall duties and responsibilities, and have the rights and authority assigned to Engineer in the Contract

Documents in connection with the completion of the Work in accordance with the Contract

Documents.

ARTICLE 4 CONTRACT TIMES

4.01 Time of the EssenceA. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final

payment as stated in the Contract Documents are of the essence of the Contract.

4.02 Days to Achieve Substantial Completion and Final PaymentA. The Work will be substantially completed within 270 calendar days after the date when the Contract

Times commence to run as provided in Paragraph 2.03 of the General Conditions, and completed

and ready for final payment in accordance with Paragraph 14.07 of the General Conditions within300 calendar days after the date when the Contract Times commence to run.

523.31 A 00500-1


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4.03 Liquidated DamagesA. Contractor and Owner recognize that time is of the essence of this Agreement and that Owner will

suffer financial loss if the Work is not completed within the times specified in Paragraph 4.02 above,

plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. The

parties also recognize the delays, expense, and difficulties involved in proving in a legal or

arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time.Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated

damages for delay (but not as a penalty), Contractor shall pay Owner $1,000 for each day thatexpires after the time specified in Paragraph 4.02 for Substantial Completion until the Work is

substantially complete. After Substantial Completion, if Contractor shall neglect, refuse, or fail to

complete the remaining Work within the Contract Time or any proper extension thereof granted byOwner, Contractor shall pay Owner $800 for each day that expires after the time specified in

Paragraph 4.02 for completion and readiness for final payment until the Work is completed and

ready for final payment.

ARTICLE 5 CONTRACT PRICE

5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract Documentsan amount in current funds equal to the sum of the amounts determined pursuant to Paragraph 5.01.Abelow:

A. For all work, at the prices stated in Contractors Bid, attached hereto as an exhibit.ARTICLE 6 PAYMENT PROCEDURES

6.01 Submittal and Processing of PaymentsA. Contractor shall submit Applications for Payment in accordance with Article 14 of the General

Conditions. Applications for Payment will be processed by Engineer as provided in the GeneralConditions.

6.02 Progress Payments; RetainageA. Owner shall make progress payments on account of the Contract Price on the basis of Contractors

Applications for Payment on or about the last Friday of each month during performance of the Work

as provided in Paragraphs 6.02.A.1 and 6.02.A.2 below. All such payments will be measured by the

schedule of values established as provided in Paragraph 2.07.A of the General Conditions (and in thecase of Unit Price Work based on the number of units completed) or, in the event there is no

schedule of values, as provided in the General Requirements:

1. Prior to Substantial Completion, progress payments will be made in an amount equal to thepercentage indicated below but, in each case, less the aggregate of payments previously madeand less such amounts as Engineer may determine or Owner may withhold, including but not

limited to liquidated damages, in accordance with Paragraph 14.02 of the General Conditions:

a. 95 percent of Work completed (with the balance being retainage).b. 95 percent of cost of materials and equipment not incorporated in the Work (with the

balance being retainage).

2. Upon Substantial Completion, Owner shall pay an amount sufficient to increase total paymentsto Contractor to 95 percent of the Work completed, less such amounts as Engineer shall

determine in accordance with Paragraph 14.02.B.5 of the General Conditions and less

523.31 A 00500-2


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100 percent of Engineers estimate of the value of Work to be completed or corrected as shown

on the tentative list of items to be completed or corrected attached to the certificate of

Substantial Completion.

6.03 Final PaymentA.

Upon receipt of the final Application for Payment accompanied by Engineers recommendation ofpayment in accordance with Paragraph 14.07 of the General Conditions, Owner shall pay Contractoras provided in Paragraph 14.07 of the General Conditions the remainder of the Contract Price as

recommended by Engineer as provided in said Paragraph 14.07, less any sum Owner is entitled to set

off against Engineers recommendation, including but not limited to liquidated damages.

ARTICLE 7 INTEREST

7.01 All moneys not paid when due as provided in Article 14 of the General Conditions shall bear interestat the maximum legal rate.

ARTICLE 8 CONTRACTORS REPRESENTATIONS

8.01 In order to induce Owner to enter into this Agreement Contractor makes the following representations:A. Contractor has examined and carefully studied the Contract Documents and the other related data

identified in the Bidding Documents.

B. Contractor has visited the Site and become familiar with and is satisfied as to the general, local, andSite conditions that may affect cost, progress, and performance of the Work.

C. Contractor is familiar with and is satisfied as to all federal, state, and local Laws and Regulations thatmay affect cost, progress, and performance of the Work.

D. Contractor has carefully studied all: (1) reports of explorations and tests of surface conditions at orcontiguous to the Site and all drawings of physical conditions in or relating to existing surface or

subsurface structures at or contiguous to the Site (except Underground Facilities), if any, that havebeen identified in Paragraph SC-4.02 of the Supplementary Conditions as containing reliabletechnical data, and (2) reports and drawings of Hazardous Environmental Conditions, if any, at the

Site that have been identified in Paragraph SC-4.06 of the Supplementary Conditions as containing

reliable technical data.

E. Contractor has considered the information known to Contractor; information commonly known toContractors doing business in the locality of the Site; information and observations obtained fromvisits to the Site; the Contract Documents; and the drawings identified in the Contract Documents,

with respect to the effect of such information, observations, and documents on (1) the cost, progress,

and performance of the Work; (2) the means, methods, techniques, sequences, and procedures ofconstruction to be employed by Contractor, including any specific means, methods, techniques,

sequences, and procedures of construction expressly required by the Contract Documents; and (3)

Contractors safety precautions and programs.

F. Based on the information and observations referred to in Paragraph 8.01.E above, Contractor doesnot consider that any further examinations, investigations, explorations, tests, studies, or data are

necessary for the performance of the Work at the Contract Price, within the Contract Times, and in

accordance with the other terms and conditions of the Contract Documents.

G. Contractor is aware of the general nature of work to be performed by Owner and others at the Sitethat relates to the Work as indicated in the Contract Documents.

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D. The Contract Documents may only be amended, modified, or supplemented as provided inParagraph 3.04 of the General Conditions.

ARTICLE 10 MISCELLANEOUS

10.01 TermsA. Terms used in this Agreement will have the meanings stated in the General Conditions and the

Supplementary Conditions.

10.02 Assignment of ContractA. No assignment by a party hereto of any rights under or interests in the Contract will be binding on

another party hereto without the written consent of the party sought to be bound; and, specifically but

without limitation, moneys that may become due and moneys that are due may not be assigned

without such consent (except to the extent that the effect of this restriction may be limited by law),and unless specifically stated to the contrary in any written consent to an assignment, no assignment

will release or discharge the assignor from any duty or responsibility under the Contract Documents.

10.03 Successors and AssignsA. Owner and Contractor each binds itself, its partners, successors, assigns, and legal representatives to

the other party hereto, its partners, successors, assigns, and legal representatives in respect to allcovenants, agreements, and obligations contained in the Contract Documents.

10.04 SeverabilityA. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or

Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and

binding upon Owner and Contractor, who agree that the Contract Documents shall be reformed to

replace such stricken provision or part thereof with a valid and enforceable provision that comes asclose as possible to expressing the intention of the stricken provision.

10.05 Contractors CertificationsA. Contractor certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive practices in

competing for or in executing the Contract. For the purposes of this Paragraph 10.05:

1. corrupt practice means the offering, giving, receiving, or soliciting of any thing of value likelyto influence the action of a public official in the bidding process or in the Contract execution;

2. fraudulent practice means an intentional misrepresentation of facts made (a) to influence thebidding process or the execution of the Contract to the detriment of Owner, (b) to establish Bid

or Contract prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits offree and open competition;

3. collusive practice means a scheme or arrangement between two or more Bidders, with orwithout the knowledge of Owner, a purpose of which is to establish Bid prices at artificial, non-

competitive levels; and

4. coercive practice means harming or threatening to harm, directly or indirectly, persons or theirproperty to influence their participation in the bidding process or affect the execution of theContract.

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ATTACHMENT TO AGREEMENT

BETWEEN OWNER AND CONTRACTOR

FOR CONSTRUCTION CONTRACT (STIPULATED PRICE)

This attachment is to the Agreement made and entered into on {Insert Date of Contract}, by and between theCity of Lakeport hereinafter Owner and {Insert Name of Contractor}hereinafter called Contractor. This

Contract is for that Work described in the Contract Documents entitled

1.0 & 1.5 MG POTABLE WATER STORAGE TANKS REPAIRS & RECOATING PROJECT

This Contract shall not be effective unless and until approved by a delegated representative of USDA RuralDevelopment.

CERTIFICATE OF OWNERS ATTORNEY

I, the undersigned,_______________________________________ the duly authorized and acting

legal representative of____________________________________________, do hereby certify as

follows:

I have examined the attached Contract(s) and performance and payment bond(s) and the manner of

execution thereof, and I am of the opinion that each of the aforesaid agreements has been duly

executed by the proper parties thereto acting through their duly authorized representatives; that said

representatives have full power and authority to execute said agreements on behalf of the respective

parties named thereon; and that the foregoing agreements constitute valid and legally binding

obligations upon the parties executing the same in accordance with terms, conditions, and provisions

thereof. I also am of the opinion that the Contractors insurance coverage(s) complies with the

requirements of the Contract.

____________________________________

(Attorneys Signature)

DATE:______________________________

AGENCY CONCURRENCE

As lender or insurer of funds to defray the costs of this Contract, and without liability for anypayments thereunder, the Agency hereby concurs in the form, content, and execution of this

Agreement.

BY:_________________________________ DATE:_____________________________

TITLE:______________________________

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Notice of Award

Date: __________________

Project: 1.0 & 1.5 MG POTABLE WATER STORAGE TANKS REPAIR & RECOATING PROJEC

Owner: City of Lakeport Owner's Contract No.:

Contract: Engineer's Project No.:523.31 A

Bidder:

Bidder's Address: [send Notice of Award Certified Mail, Return Receipt Requested]

You are notified that your Bid dated for the above Contract has been considered. You are

the Successful Bidder and are awarded a Contract for the construction of the


The Contract Price of your Contract is Dollars ($ ).

Four (4) copies of the proposed Contract Documents (except Drawings) accompany this Notice

of Award.

You must comply with the following conditions precedent within 15 days of the date you

receive this Notice of Award.

1. Deliver to the Owner four (4) fully executed counterparts of the Contract Documents.

2. Deliver with the executed Contract Documents the Contract security [Bonds] as

specified in the Instructions to Bidders (Article 20), General Conditions (Paragraph

5.01), and Supplementary Conditions (Paragraph SC-5.01).

3. Other conditions precedent:

Failure to comply with these conditions within the time specified will entitle Owner to consider

you in default, annul this Notice of Award, and declare your Bid security forfeited.

Within ten days after you comply with the above conditions, Owner will return to you one fully

executed counterpart of the Contract Documents.

City of Lakeport

OwnerBy:

Authorized Signature

TitleCopy to Engineer

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Notice to Proceed

Date: _________________

Project:1.0 & 1.5 MG POTABLE WATER STORAGE TANKS REPAIR & RECOATING PROJECOwner: City of Lakeport Owner's Contract No.:


Contractor:

Contractor's Address: [send Certified Mail, Return Receipt Requested]

You are notified that the Contract Times under the above Contract will commence to run

on . On or before that date, you are to start performing your obligations under the Contract

Documents. In accordance with Article 4 of the Agreement, the date of Substantial Completion

is , and the date of readiness for final payment is [(or) the number of days to achieve

Substantial Completion is , and the number of days to achieve readiness for final payment is

].

Before you may start any Work at the Site, Paragraph 2.01.B of the General Conditions

provides that you and Owner must each deliver to the other (with copies to Engineer and other

identified additional insureds and loss payees) certificates of insurance which each is required to

purchase and maintain in accordance with the Contract Documents.

Also, before you may start any Work at the Site, you must:

__________________________________ [add other requirements].

City of Lakeport

Owner

Given by:

Authorized Signature

City Manager

Title

Date

Copy to Engineer

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PERFORMANCE BOND

Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable.

CONTRACTOR (Name and Address): SURETY (Name, and Address of Principal Place of Business):

OWNER (Name and Address):

City of Lakeport

225 Park Street

Lakeport, CA 95453

CONTRACT

Effective Date of Agreement:

Amount:

Description (Name and Location): 1.0& 1.5 MG POTABLE WATERSTORAGE TANKS REPAIR &

RECOATING PROJECT

BOND

Bond Number:

Date (Not earlier than Effective Date of

Agreement):

Amount:

Modifications to this Bond Form:

Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this

Performance Bond to be duly executed by an authorized officer, agent, or representative.

CONTRACTOR AS PRINCIPAL SURETY

(Seal) (S

Contractor's Name and Corporate Seal Suretys Name and Corporate Seal

By: By:

Signature Signature (Attach Power of Attorney)

Print Name Print Name

Title Title

Attest: Attest:

Signature Signature

Title Title

Note: Provide execution by additional parties, such as joint venturers, if necessary.

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Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors,

and assigns to Owner for the performance of the Contract, which is incorporated herein by reference.

1. If Contractor performs the Contract, Surety and Contractor have no obligation under this Bond, except toparticipate in conferences as provided in Paragraph 2.1.

2. If there is no Owner Default, Suretys obligation under this Bond shall arise after:2.1 Owner has notified Contractor and Surety, at the addresses described in Paragraph 9 below, that

Owner is considering declaring a Contractor Default and has requested and attempted to arrange aconference with Contractor and Surety to be held not later than 15 days after receipt of such notice

to discuss methods of performing the Contract. If Owner, Contractor, and Surety agree, Contractor

shall be allowed a reasonable time to perform the Contract, but such an agreement shall not waiveOwners right, if any, subsequently to declare a Contractor Default; and

2.2 Owner has declared a Contractor Default and formally terminated Contractors right to complete theContract. Such Contractor Default shall not be declared earlier than 20 days after Contractor andSurety have received notice as provided in Paragraph 2.1; and

2.3 Owner has agreed to pay the Balance of the Contract Price to:1. Surety in accordance with the terms of the Contract; or2.

Another Contractor selected pursuant to Paragraph 3.3 to perform the Contract.

3. When Owner has satisfied the conditions of Paragraph 2, Surety shall promptly, and at Suretys expense,take one of the following actions:

3.1 Arrange for Contractor, with consent of Owner, to perform and complete the Contract; or3.2 Undertake to perform and complete the Contract itself, through its agents or through independent

Contractors; or

3.3 Obtain bids or negotiated proposals from qualified Contractors acceptable to Owner for a contractfor performance and completion of the Contract, arrange for a contract to be prepared for executionby Owner and Contractor selected with Owners concurrence, to be secured with performance and

payment bonds executed by a qualified surety equivalent to the bonds issued on the Contract, and

pay to Owner the amount of damages as described in Paragraph 5 in excess of the Balance of the

Contract Price incurred by Owner resulting from Contractor Default; or3.4 Waive its right to perform and complete, arrange for completion, or obtain a new Contractor, and

with reasonable promptness under the circumstances:

1. After investigation, determine the amount for which it may be liable to Owner and, as soon aspracticable after the amount is determined, tender payment therefore to Owner; or

2. Deny liability in whole or in part and notify Owner citing reasons therefore.4. If Surety does not proceed as provided in Paragraph 3 with reasonable promptness, Surety shall be deemedto be in default on this Bond 15 days after receipt of an additional written notice from Owner to Surety

demanding that Surety perform its obligations under this Bond, and Owner shall be entitled to enforce anyremedy available to Owner. If Surety proceeds as provided in Paragraph 3.4, and Owner refuses the payment

tendered or Surety has denied liability, in whole or in part, without further notice Owner shall be entitled to

enforce any remedy available to Owner.

5. After Owner has terminated Contractors right to complete the Contract, and if Surety elects to act underParagraph 3.1, 3.2, or 3.3 above, then the responsibilities of Surety to Owner shall not be greater than those ofContractor under the Contract, and the responsibilities of Owner to Surety shall not be greater than those of

Owner under the Contract. To the limit of the amount of this Bond, but subject to commitment by Owner of the

Balance of the Contract Price to mitigation of costs and damages on the Contract, Surety is obligated without

duplication for:

5.1 The responsibilities of Contractor for correction of defective Work and completion of the Contract;

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PAYMENT BOND

Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable.

CONTRACTOR (Name and Address): SURETY (Name, and Address of Principal Place of

Business):

OWNER (Name and Address):

City of Lakeport

225 Park Street

Lakeport, CA 95453

CONTRACT

Effective Date of Agreement:

Amount:

Description: 1.0 & 1.5 MG POTABLE WATER STORAGE TANKS REPAIR

& RECOATING PROJECT

BOND

Bond Number:

Date (Not earlier than Effective Date of

Agreement):

Amount:Modifications to this Bond Form:

Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each

cause this Payment Bond to be duly executed by an authorized officer, agent, or representative.

CONTRACTOR AS PRINCIPAL SURETY

(Seal) (Seal)

Contractor's Name and Corporate Seal Suretys Name and Corporate Seal

By: By:

Signature Signature (Attach Power of Attorney)

Print Name Print Name

Title Title

Attest: Attest:

Signature Signature

Title Title

Note: Provide execution by additional parties, such as joint venturers, if necessary.

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12.Contractor and Surety, jointly and severally, bind themselves, their heirs, executors,administrators, successors, and assigns to Owner to pay for labor, materials, and equipment furnished

by Claimants for use in the performance of the Contract, which is incorporated herein by reference.

13.With respect to Owner, this obligation shall be null and void if Contractor:13.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and13.2 Defends, indemnifies, and holds harmless Owner from all claims, demands, liens, or suits

alleging non-payment by Contractor by any person or entity who furnished labor, materials,

or equipment for use in the performance of the Contract, provided Owner has promptly

notified Contractor and Surety (at the addresses described in Paragraph 12) of any claims,

demands, liens, or suits and tendered defense of such claims, demands, liens, or suits to

Contractor and Surety, and provided there is no Owner Default.

14.With respect to Claimants, this obligation shall be null and void if Contractor promptly makespayment, directly or indirectly, for all sums due.

15.Surety shall have no obligation to Claimants under this Bond until:15.1

Claimants who are employed by or have a direct contract with Contractor have given noticeto Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to

Owner, stating that a claim is being made under this Bond and, with substantial accuracy,

the amount of the claim.

15.2 Claimants who do not have a direct contract with Contractor:1. Have furnished written notice to Contractor and sent a copy, or notice thereof, to Owner,

within 90 days after having last performed labor or last furnished materials or equipmentincluded in the claim stating, with substantial accuracy, the amount of the claim and the

name of the party to whom the materials or equipment were furnished or supplied, or for

whom the labor was done or performed; and

2. Have either received a rejection in whole or in part from Contractor, or not receivedwithin 30 days of furnishing the above notice any communication from Contractor by

which Contractor had indicated the claim will be paid directly or indirectly; and

3. Not having been paid within the above 30 days, have sent a written notice to Surety (atthe address described in Paragraph 12) and sent a copy, or notice thereof, to Owner,

stating that a claim is being made under this Bond and enclosing a copy of the previous

written notice furnished to Contractor.

16.If a notice by a Claimant required by Paragraph 4 is provided by Owner to Contractor or toSurety, that is sufficient compliance.

17.Reserved.18.Suretys total obligation shall not exceed the amount of this Bond, and the amount of this Bondshall be credited for any payments made in good faith by Surety.

19.Amounts owed by Owner to Contractor under the Contract shall be used for the performance ofthe Contract and to satisfy claims, if any, under any performance bond. By Contractor furnishing and

Owner accepting this Bond, they agree that all funds earned by Contractor in the performance of the

Contract are dedicated to satisfy obligations of Contractor and Surety under this Bond, subject to

Owners priority to use the funds for the completion of the Work.

20.Surety shall not be liable to Owner, Claimants, or others for obligations of Contractor that areunrelated to the Contract. Owner shall not be liable for payment of any costs or expenses of any

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Certificate of Substantial Completion

Project: 1.0 & 1.5 MG POTABLE WATER STORAGE TANKS REPAIR & RECOATING PROJECT

Owner: City of Lakeport Owner's Contract No.:


This [tentative] [definitive] Certificate of Substantial Completion applies to:

All Work under the Contract Documents: The following specified portions of the Work:

Date of Substantial Completion

The Work to which this Certificate applies has been inspected by authorized representatives of Owner,

Contractor, and Engineer, and found to be substantially complete. The Date of Substantial Completion

of the Project or portion thereof designated above is hereby declared and is also the date of

commencement of applicable warranties required by the Contract Documents, except as stated below.

A [tentative] [definitive] list of items to be completed or corrected is attached hereto. This list may not

be all-inclusive, and the failure to include any items on such list does not alter the responsibility of the

Contractor to complete all Work in accordance with the Contract Documents.

The responsibilities between Owner and Contractor for security, operation, safety, maintenance,

heat, utilities, insurance and warranties shall be as provided in the Contract Documents except as

amended as follows:

Amended Responsibilities Not Amended

Owner's Amended Responsibilities:

Contractor's Amended Responsibilities:

EJCDC C-625 Certificate of Substantial Completion 00625-1

Prepared by the Engineers Joint Contract Documents Committee and endorsed by the Construction Specifications Institute.

Page 1 of 2

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The following documents are attached to and made part of this Certificate:

This Certificate does not constitute an acceptance of Work not in accordance with the Contract

Documents nor is it a release of Contractor's obligation to complete the Work in accordance with the

Contract Documents.

Executed by Engineer Date

Accepted by Contractor Date

Accepted by Owner Date

EJCDC C-625 Certificate of Substantial Completion 00625-2

Prepared by the Engineers Joint Contract Documents Committee and endorsed by the Construction Specifications Institute.

Page 2 of 2

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Meeting Date: December 17, 2013 Page 1 Agenda Item #VIII.C.1.

123220.1

CITY OF LAKEPORT

City CouncilCity of Lakeport Municipal Sewer District

STAFF REPORT

RE: Request for Staff Direction / Enforcement of Time Limit forTemporary Signs

MEETING DATE: 12-17-13

SUBMITTED BY: Andrew Britton, Planning Services Manager


WHAT IS BEING ASKED OF THE CITY COUNCIL/BOARD:

Request for staff direction regarding the enforcement of the City's temporary sign regulations.

BACKGROUND:

In 1991, the Planning Commission adopted Resolution No. 54 (copy attached, Exhibit 1) , which regulatesthe display of temporary signs in the City of Lakeport. Although the Resolutions title (Resolution as tothe Display of Inflatable Balloons ) indicates that it addresses the display of inflatable balloons as a formof temporary signage, the resolution actually incorporates language from previous resolutions thatinterpreted the Citys Sign Ordinance (Lakeport Municipal Code Chapter 17.52) regarding the display oftemporary signs such as banners and pennants.

Resolution No. 54 defines temporary signage and indicates that temporary signs are intended to bedisplayed for a limited period of time not to exceed thirty days in each calendar year (January throughDecember). The resolution adds that only one type of temporary sign shall be allowed during theidentified time period. This final restriction is intended to prohibit the display of a cloth banner for thirtydays, then pennant-style streamers for thirty days, and then another form of temporary signage for anotherthirty days, etc.

This matter was brought to the Planning Commission for its input and direction in September of this yeardue to the recent proliferation of temporary business signs in Lakeport, including the display of a relativelynew type of temporary sign known as a feather flag. The Planning Commission discussed this issue at theSeptember meeting at which time the Commission agreed that the feather flags are a form of temporarysignage and are subject to the allowable display period set forth in Resolution No. 54.

The Planning Commission continued the discussion regarding enforcement strategies to its next meeting,which took place in November. Please refer to the detailed Planning Commission staff report (Exhibit 2)

which includes additional background information and references a table listing all of the Lakeportbusinesses displaying some form of temporary signage (banners, pennant-style flags or feather flags) as ofNovember 2013. This table is also attached for the City Councils review (Exhibit 3). As detailed, 90Lakeport businesses were found to be displaying temporary signs in November 2013. Of those 90businesses, it appears that 26 are using a temporary sign as their permanent sign and 76 appear to bedisplaying a temporary sign on a long-term basis (in excess of the 30-day per calendar year limit).

DISCUSSION:

The Planning Commission reviewed five different enforcement strategies which are presented in the staffreport (Exhibit 2). Ultimately, after hearing testimony from business owners, the Executive Director of the


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123220.1

Chamber of Commerce, and other interested parties, the Commission voted to recommend to the CityCouncil to direct staff to contact businesses using banners, feather flags and other similar types oftemporary signs to advise them of the established display time limit and request voluntary compliancebeginning in 2014. The Commission suggested May 1, 2014 as the deadline for compliance for businessesrelying on banners/temporary signs for their permanent business signage. The Commission agreed that thiswas the most business friendly enforcement strategy.

The Planning Commissions action is described in the attached Minute Order (Exhibit 4).

POINTS OF CONSIDERATION:

Approximately three years ago, the Planning Commission suggested that enforcement of the time limit forthe display of temporary signs should be a low priority for staff due to the severe economic downturn thataffected our community. Staff was instructed to enforce the time limit if banners or other types oftemporary signage were dilapidated, unattractive or posed a public safety issue.Although the generaleconomic climate appears to be improving recently, we are aware that many local businesses continue tostruggle to remain open. The Planning Commission heard testimony suggesting that banners, feather flags,and other temporary signs are very important to certain businesses and that they have a positive impact onsales, foot traffic, etc.Staff has over 20 years of experience working with these regulations and we are confident that increasedenforcement efforts will result in some negative feedback and suggestions that the City is not business-friendly. However, the proliferation of temporary signs, including the feather flags, and the reliance ontemporary signs as permanent signage, negatively impacts the overall appearance of our community. TheNovember 13, 2013 staff report to the Planning Commission (Exhibit 2) notes that the Community DesignElement of the Citys General Plan addresses commercial signage and includes a policy (Policy CD 7.6, Pg.V-16) intended to facilitate the installation of attractive and functional signs. Regarding prohibitedsignage, the General Plan (Pg. V-17) states promotional banners, balloons or similar promotional devicesshould not be allowed, except when used on a temporary basis to celebrate a specific event approved by theCity.

In addition to the General Plan language cited above, it is important to note that Municipal Code Section

17.52.010 sets forth the general purpose of the Citys sign regulations, including: Preserve and improve the appearance of the city as a place in which to live and to work and as an

attraction to our visitors. (LMC 17.52.010 C.)

Promote the retention of the special character and aesthetic appearance of the city. (LMC 17.52.010E.)

Staff believes that the Citys existing sign regulations, including Planning Commission Resolution No. 54,address the display of temporary signs and establish a time limit which appears to meet the needs of amajority of our local businesses.

OPTIONS:

1. Direct staff to begin enforcing the City's temporary sign regulations as recommended by the PlanningCommission, including the use of a form letter requesting voluntary compliance with the 30-day displaylimit in 2014. The letter would also advise business owners relying on temporary signs as their permanentsignage that they will be required to install a permanent sign by May 1, 2014. The Community DevelopmentDepartment will work with business owners who need more time to purchase and install a permanent signprovided they commit to installing a permanent sign.

2. Consider one of the following options that were presented to the Planning Commission:

Amend Planning Commission Resolution No. 54 to increase the allowable time limit for temporarysigns from 30 days to 60 or 90 days or longer.


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123220.1

Prepare individual letters to be sent to all businesses displaying temporary signage with specificinformation detailing the existing sign ordinance violations and requesting compliance. This letterwould also include information about the potential penalties (Administrative Citation) that can beimposed for violations of the Citys regulations.

Prepare letters to businesses who are displaying feather flags in excess of the 30-day limit andrequest compliance with the 30-day display limit beginning in 2014.

Enforce the temporary sign regulations only if the City receives a citizen complaint regarding thetemporary signs appearance or length of display.FISCAL IMPACT:


SUGGESTED MOTION:

Motion to direct staff to begin enforcement of the temporary sign regulations as described in Option 1 ofthis staff report.

Attachments: 1. Planning Commission Resolution No. 542. Planning Commission Staff Report (November 13, 2013)3.Table of Lakeport Businesses Displaying Temporary Signs (November 2013)4. Planning Commission Minute Order


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EXHIBIT 1


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___________________________________________________________________________________________________________

Meeting Date: November 13, 2013 Page 1 Agenda Item VI. B.

CITY OF LAKEPORT

PLANNING COMMISSION

MEMORANDUM

RE: Enforcement of Time Limit for Temporary

Signs

MEETING DATE: November 13, 2013

SUBMITTED BY: Andrew Britton, Planning Services Manager

PURPOSE OF REPORT: Information only Discussion Commission Action

WHAT IS BEING ASKED OF THE PLANNING COMMISSION:

Continued discussion regarding enforcement of the time limit for the display of temporary

commercial signs and recommendation to the Lakeport City Council.

SUMMARY OF THE ISSUE:

This issue was previously discussed at the September 11, 2013 Planning Commission

meeting.

At that time the Planning Commission discussed the issue of temporary signs, particularly

the feather-style signs that are now popular and being used by numerous Lakeport

businesses. The Commission agreed that feather flags are a form of temporary signage as

defined in Planning Commission Resolution No. 54 and are therefore subject to the displaytime limit of 30 days per calendar year set forth in the Resolution.

Some of the Commissioners expressed concern about the appearance of the feather

flags when they are displayed for extended periods, as is the case with most of them.

Concerns were also expressed about the long-term use of typical banners and the use of

banners as permanent signage in lieu of a typical permanent sign.

Although the Planning Commission expressed a desire to begin addressing the long-term

display of temporary signs, it was agreed to continue the discussion until the November

Planning Commission meeting.

DISCUSSION:

Planning Commission Resolution No. 54 sets forth the regulations for the display of

temporary signs in the City of Lakeport. The resolution states that temporary signage

includes anysign, banner, pennant, valance or advertising display constructed of cloth,

canvas, light fabric, cardboard or other light material. The resolution also indicates that

temporary signs are intended to be displayed for a limited period of time not to exceed

thirty days in each calendar year (January through December). The resolution adds that

only one type of temporary sign shall be allowed during the identified time period. This

final restriction was intended to address the display of a cloth banner for thirty days, then

pennant-style streamers for thirty days, and then another form of temporary signage for

another thirty days, etc.

EXHIBIT 2


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___________________________________________________________________________________________________________


The Community Design Element of the Lakeport General Plan addresses commercial

signage and includes a policy (Policy CD 7.6, Pg. V-16) intended to facilitate the

installation of attractive and functional signs. This policy also includes a related program

(Program CD 7.6-a) recommending that an updated sign ordinance address the quality of

signage, prohibited signage and temporary signage. Regarding prohibited signage, the

General Plan (Pg. V-17) states promotional banners, balloons or similar promotional

devices should not be allowed, except when used on a temporary basis to celebrate aspecific event approved by the City. Our existing sign regulations, including Planning

Commission Resolution No. 54, address the display of temporary signs and establish a time

limit.

Community Development Department staff canvassed the City in early November and

logged all of the businesses that are currently displaying some form of temporary signage:

lightweight banners, feather flags and/or pennant-style signs. The results are detailed on

the attached table (Attachment 1).

Page 3 of the attachment includes a summary: a total of 83 businesses are displaying

temporary signs, 24 businesses are using a temporary sign as a permanent sign, and 71

businesses appear to be displaying temporary signs on a long term basis.

Staff advised the Planning Commission in September that we are open to considering

other strategies to address the long term display of temporary signs. Based on the total

number of businesses that appear to be in violation of the display time limit, complete

enforcement will be a significant challenge due to limited enforcement staff and other

work assignments.

Staff has developed several options for consideration by the Planning Commission:

1. Amend Resolution No. 54 to increase the allowable time limit for temporary signsfrom 30 days to 60 or 90 days or longer.

Comment: The majority of the temporary signs noted by staff appear to have been

displayed for longer than 90 days. Extending the display time limit will only delaythe need for enforcement action.

2. Develop a form letter to be sent to all businesses displaying temporary signageadvising owners of the 30-day display limit and requesting voluntary compliance

beginning in 2014. The same letter would also include information regarding the

long term use of a temporary sign as a permanent sign with an indication that

active enforcement will begin in 2014.

Comment: This may be the most business friendly option. The use of banners,

feather flags and pennant-style flags are often used to supplement the business

permanent sign. The suggested letter would request voluntary compliance with the

30-day display limit in 2014. The letter would also advise business owners relying on

temporary signs as their permanent signage that they will be required to install a

permanent sign in 2014. The City will gladly work with business owners who need

more time to purchase and install a permanent sign provided they commit to

installing a permanent sign. In staffs opinion, the use of a temporary sign as a

permanent sign on a long term basis is an important matter and should be a higher

enforcement priority.

3. Prepare individual letters to be sent to all businesses displaying temporary signagewith specific information detailing the existing sign ordinance violations and

requesting compliance. This letter would also include information about the


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potential penalties (Administrative Citation) that can be imposed for violations of

the Citys regulations.

Comment: This option would require a great deal of staff time and has the potential

for being considered a heavy handed enforcement strategy. However, based

on staffs experience, it may be the most effective option to achieve compliance.

4. Prepare letters to businesses who are displaying feather flags in excess of the 30-day limit and request compliance with the 30-day display limit beginning in 2014.Comment: The recent proliferation of feather flags in our community prompted

bringing the temporary sign enforcement issue to the Planning Commission in

September. It may be appropriate to require the timely removal of feather flags

only, beginning in 2014. The City could also consider the adoption of a new

Planning Commission Resolution specific to feather flags with a different display

time limit than used for other types of temporary signs.

5. Enforce the temporary sign regulations only if the City receives a citizen complaintregarding the temporary signs appearance or length of display.

IMPACTS/PROS AND CONS:

As described in the memorandum that was prepared for the September meeting, the

enforcement of the Citys sign regulations can be a very emotional issue for business

owners. The Lake County Chamber of Commerce has provided input suggesting that

some businesses credit the use of feather flags and banners for increasing their sales.

The City is very sensitive to the needs of our local businesses. However, the long-term

display of signs intended to be displayed on a temporary basis or the use of temporary

signs as permanent signs is an aesthetic issue and can detract from the Citys overall

appearance.

Staff will forward a report to the City Council detailing the Planning Commissions

recommendation(s) regarding the enforcement of the temporary sign regulations. Staffwill request additional direction from the City Council.

OPTIONS:

See the options listed in the Discussion section above.

SUGGESTED MOTION:

See options listed above. The motion would state that the Planning Commission directs

staff to forward Option #___ to the Lakeport City Council regarding the enforcement of

temporary sign displays and also directs staff to request additional direction from the City

Council.

Attachment: Table of Lakeport Businesses Displaying Temporary Signs as of 11/4/13


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No. Business Name

Type of sign Banner

or FlagCondition

Using as

Permanent Sign?Comments

1 Sicily's Banner Ok No

"Open for

Dinner" Long

term

2 Men's Place Banner Ok Yes Long term

3 Skylark

Banner-

"Kitchenettes" Ok Yes/Supplement Long term

4 Round Table Pizza

Banners (2) "Happy

Hour" Older No

"Happy Hour"

Long term

5 Sterling MortgageBanner overpermanent sign Ok Yes

owner wantspermanent sign

6 11th Street Mini Storage Feather Flags (2) Ok No Long term

7 Rico Aroma Banners (2) Ok No Long term

8 Subway Banner Ok No

9 Safeway Feather / Gas (1) Ok No Long term

10Nozzolillo's Parlour Banner Old/dingy No Long term

11 Lincoln Levitt Insurance For lease Ok No

12 Hairbiz on 5th St. Banner Ok Yes Long term

13 Your One Stop Party Shop Feather Flag Ok No Long term

14 The Eiffel Flower Banner Ok Yes

Owner wants

permanent sign

15 Clearlake Club

Banners (3) Karaoke

& misc banners -

rear deck

Front one is

dingy No Long term

16 Don Angel Vinyard Wine Tastin Feather Ok No

No advertising.

Long term

17 Express Mart Banner Dingy Yes Long term

18 Hong Kong Restaurant Banner Ok No Long term

19 Farmers Insurance Banner on lawnBanner on building Ok Yes (one) Long term

20 Allens Furniture Banners (2) Ok No

21 Travel Centers Banner Ok No

22 A-Z Cigarettes Banners (2) Dingy No

Long term -

"Lottery"

23 Shoreline Storage Feather Flag Ok No Long term

24 Transmission Exchange Feather Flags (2) Ok No Long term

25 Hospice Thrift Store Pennant Flags Ok N/A Long term

BUSINESSES DI