070213 lakeport city council agenda packet

7/28/2019 070213 Lakeport City Council agenda packet

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

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

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

II. PLEDGE OF ALLEGIANCE:

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

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

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

action arose subsequent to the Agenda being posted.

IV. CONSENT AGENDA: The following Consent Agenda items are expected to be routine and noncontroversial. They will be acted upon b

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

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

Calendar portion of this agenda.

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

meeting for either introduction or passage per Government Code Section 3693

B. Warrants: Approve warrant register from June 26, 2013.

C. Minutes: Approve minutes of the regular City Council meeting of June 18, 2013, and the

special City Council meeting of June 25, 2013

D. Application 2013-013 Approve application 2013-013 for Lakeport Main Street Association Very Merr

Main Street event.

E. Application 2013-014 Approve application 2013-014 for Lake County Rodeo Association Annual Lake

County Rodeo Parade.

F. Used Oil Grant Adopt a resolution authorizing a Used Oil Payment Program application and

authorizing the City Manager to execute any necessary documents.

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 the

subject 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 c

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

appear on the printed agenda.

B. Introduction of Interns Introduce Administrative Services Intern Anjanette Correia, and Finance

Department Intern Bryan Cochrane, from the Mendocino College CWEE Progra

C. Lake Bed Management Report by Lake County Water Resources Director Scott De Leon.

VI. PUBLIC HEARING:

A. Mobile Catering Ordinance Adopt the proposed Ordinance to revise regulations pertaining to Mobile Cate

Businesses (Lakeport Municipal Code Ch. 5.20), and accompanying fee Resolut

VII. COUNCIL BUSINESS:

A. City Manager

1. Request to Conduct Zumba

Classes in Library Park

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

conduct Zumba classes.

VIII. CITY COUNCIL COMMUNICATIONS:

A. Miscellaneous Reports, if any:

IX. CLOSED SESSION: Pursuant to Government Code Section 54957 (b) (2) Public Employee

Discipline/Dismissal/Release.

X. ADJOURNMENT: Adjourn

AGENDAREGULAR MEETING OF THE LAKEPORT CITY COUNCILTuesday, July 2, 2013

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



City Council Agenda of June 18, 2013

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.

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

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

reasonable arrangements to ensure accessibility to this meeting.

_______________________________________

Kelly Buendia, Acting City Clerk

http://www.cityoflakeport.com/






MINUTESLAKEPORT CITY COUNCIL

Regular MeetingTuesday, June 18, 2013

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 Stacey Mattina, Martin

Scheel, Kenneth Parlet, and Marc Spillman present.

II. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Deb Thompson.

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

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

Urgency Items: There were no urgency items.

IV. CONSENT AGENDA: .

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

meeting for either introduction or passage per Government Code Section 3693

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

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

D. Resolution Authorizing Signatory for

CDGB Grant Documents:

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

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

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

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

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

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

Items A through E, as posted.

V. PUBLIC PRESENTATIONS/REQUESTS:

A. Citizen Input: There was no citizen input.

VI. PUBLIC HEARING:

A. Medical Marijuana Cultivation

Ordinance

Mayor Engstrom opened the Public Hearing at 6:05 p.m.

Lakeport resident Bob Bridges spoke in favor of the Ordinance.

Mayor Engstrom closed the Public Hearing at 6:10 p.m.

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

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

adding Title 17, Chapter 17.38, to the Lakeport Municipal Code related to the

establishment of regulations pertaining to the cultivation of medical marijuana

B. Community Development Block GrantClose Out

Mayor Engstrom opened the Public Hearing at 6:18 p.m.

There was no testimony from the public.

Mayor Engstrom closed the Public Hearing at 6:19 p.m.

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

Mattina, and unanimously carried by voice vote to approve the Final Grantee

Performance Report (disclosure of accomplishments) for the Business Loan

Program Community Development Block Grant #09-EDEF-6531 and authorize t

City Manager to execute documents on behalf of the City of Lakeport for CDBG

Grant #09-EDEF-6531.

VII. COUNCIL BUSINESS:

A. City Manager



City Council Agenda of June 18, 2013 Page 2

1. Resolutions Adopting Annual

Budget for Fiscal Year 2013-

2014 and Establishing the

Fiscal Year 2013-2014

Appropriations Limit

Finance Director Buffalo presented the recommended Fiscal Year 2013-2014

Budget with only minor changes made since the Budget Workshop held during

June 4, 2013 City Council Meeting.


Spillman, and unanimously carried by voice vote to adopt a resolution adoptin

the recommended budget for fiscal year 2013-2014, and a resolution establish

the fiscal year 2013-2014 appropriations limit for the City of Lakeport.

2. Request to Conduct Zumba

Classes in Library Park

Discussion on this item was held over due to the absence of the petitioner,

Melissa Mabery. Council directed staff to bring this item back at the next

meeting.

B. Planning Services Manager

1. Mobile Catering Ordinance Planning Services Manager Britton presented the staff report outlining change

the Mobile Catering Ordinance as recommended by the ad hoc Mobile Caterin

Ordinance Review Committee, and responded to questions from a mobile vend

in attendance.

A motion was made by Council Member Spillman, seconded by Council Memb

Scheel, and unanimously carried by voice vote to introduce an Ordinance to re

regulations pertaining to Mobile Catering Businesses (Lakeport Municipal CodeCh. 5.20), and consideration of accompanying fee Resolution.

C. Police Chief

1. Information Technology

Contract

Police Chief Rasmussen presented a report detailing the need for a server upgr

for the Lakeport Police Department, with three options to fill the need.

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

Spillman, and unanimously carried by voice vote to authorize a contract betwe

the City of Lakeport and the County of Lake for a Police Department server

upgrade.

D. Public Works Director

1. Sewer Consumption AllotmentIncrease

Prior to the presentation of the staff report on this matter, Council MemberMattina recused herself from the discussion because she has a commercial

account that would be affected by the change.


Scheel, and unanimously (4-0) carried by voice vote to direct staff to set in

Resolution an increase of commercial sewer consumption from 8 units to 10 u

for Council consideration and action.

Council Member Mattina rejoined the meeting at the conclusion of this item.

VIII. CITY COUNCIL COMMUNICATIONS:

A. Miscellaneous Reports, if any: Council Member Spillman reported on the Fire Board Meeting. He reported on

the LMSA Volunteer appreciation night, as well as the LMSA Board meeting. Halso met with Public Works Director Brannigan to discuss water meters.

Council Member Mattina asked about the Grillin’ on the Green event. She

attended the APC meeting. APC will be sponsoring a forum related to initiating

road tax.

Council Member Parlet attended the LMSA Volunteer appreciation night.

Council Member Scheel attended the historical sign presentation by LMSA. He

also attended the APC meeting and the California League of Cities Committee

meetings on economic development.

Planning Services Manager Britton reported that the Hospice remodel project

has been approved by the Planning Commission.

Police Chief Rasmussen reported that the Police Department sponsored a



City Council Agenda of June 18, 2013 Page 3

community policing booth at the fair. The Department is gearing up for the

Fourth of July events. He was advised that Officer Leishman will be commende

along with the rest of the Every Fifteen Minutes Committee.

City Engineer Harter attended the League of California Cities committee meeti

related to transportation.

Finance Director Buffalo reported the city auditors were on site. The State

Controller's Office sent an auditor related to the RDA close-out.

Public Works Director Brannigan reported that harvesters have been working o

on the lake in front of Library Park. The County has been invited to report on

harvesting activities. Public Works crews are doing weed abatement and poth

patching. He also invited the Council Members to check out the new decking

material used on the docks at Library Park.

Silveira stated that the Gazebo ribbon cutting took place and the Rotary Club

honored for their rehabilitation efforts.

City Attorney Brookes reported on the REMIF board meeting.

Mayor Engstrom reported on the Chamber of Commerce Board of Directors

meeting. He also attended the Clearlake Advisory Board Meeting.

IX. ADJOURNMENT: Mayor Engstrom adjourned the meeting at 7:32 p.m.

_______________________________________

THOMAS ENGSTROM, Mayor

ATTEST:

_______________________________________

KELLY BUENDIA, Acting City Clerk



MINUTES

LAKEPORT CITY COUNCIL

SPECIAL MEETING

June 25, 2013

I. CLOSED SESSION: The meeting was adjourned to a closed session at 1:00 p.m. pursuant to

Government Code Section 54957 (b) (2) Public Employee

Discipline/Dismissal/Release.

II. REPORT FROM CLOSED SESSION: There was no report from closed session.

III. ADJOURNMENT: Mayor Engstrom adjourned the meeting at 4:25 p.m.

ATTEST APPROVED

____________________________________ ___________________________________________

KELLY BUENDIA, Acting City Clerk THOMAS ENGSTROM, Mayor



From: Lori Price

To: Janel Chapman

Subject: RE: Event Application - For Review & Comments

Date: Thursday, June 06, 2013 10:50:50 AM

Thank you Janel for the opportunity to comment. I have reviewed the application for

this event and it does not appear to impact any County roads.

Sincerely,

Lori Price

Secretary III

Lake County Department of Public Works

255 N. Forbes Street, Rm 309

Lakeport, CA 95453

(707) 263-2341

[email protected]

From: Janel Chapman [mailto:[email protected]]Sent: Thursday, June 06, 2013 10:18 AMTo: Barbara Loveless; Cheryl Bennett; [email protected]; Dale Stoebe;[email protected]; Ellen Dills; Jason Ferguson; Kevin Odom; Lori Price; Pheakdey Preciado;[email protected]; [email protected]; [email protected];[email protected]; Kelly Buendia ([email protected]); Margaret Silveira; Mark Brannigan; [email protected]; [email protected]: Event Application - For Review & Comments

Attached for review/comment is an application for the Lakeport Main Street Association’s

“Very Merry Main Street event”. This will be heard by the City Council at its meeting of July

2,2013.

Please have any comments to me no later than 5:00 p.m. on Tuesday, June 25, 2013.

Thank you,

Hilary Britton

On behalf of:

Janel Chapman, City ClerkCity of Lakeport

225 Park Street

Lakeport, CA 95453

Phone: (707) 263-5615, Ext. 12

Fax: (707) 263-8584

[email protected]

mailto:[email protected]






XX XX

XX

Vendors will need a business license if they don't already have one.One-time business licenses are available for $10. All sales taxescollected at this event must be properly credited to the City of Lakeport.

Vendors selling food/beverages must have the proper permit fromLake Co. Environmental Health.

Applicant indicates that ABC permit is in process.

Andrew Britton CDDXX

Revenue expected from businesslicenses and sales taxes.



From: Police Chief

To: Janel Chapman

Subject: Re: Event Application - For Review & Comments

Date: Tuesday, June 25, 2013 5:20:07 PM

Police comments for Very Merry Main Street Event:

1. No extra police staffing needed for event.

2. No Fiscal Impact.

Brad RasmussenChief of PoliceCity of Lakeport

Sent from my iPad

On Jun 6, 2013, at 10:17 AM, "Janel Chapman" < [email protected]>wrote:

<image001.gif>Attached for review/comment is an application for the Lakeport Main Street

Association’s “Very Merry Main Street event”. This will be heard by the City

Council at its meeting of July 2,2013.

Please have any comments to me no later than 5:00 p.m. on Tuesday, June 25,

2013.

Thank you,

Hilary Britton

On behalf of:

Janel Chapman, City Clerk

City of Lakeport

225 Park Street

Lakeport, CA 95453

Phone: (707) 263-5615, Ext. 12

Fax: (707) 263-8584

[email protected]

<App 2013-013 (Very Merry Main Street).pdf>

mailto:/O=LAKEPORT/OU=FIRST%20ADMINISTRATIVE%20GROUP/CN=RECIPIENTS/CN=POLICECHIEF







mailto:/O=LAKEPORT/OU=FIRST%20ADMINISTRATIVE%20GROUP/CN=RECIPIENTS/CN=POLICECHIEF



From: Janel Chapman

To: Barbara Loveless; Cheryl Bennett; Cheryl Smart ([email protected]); Dale Stoebe; Doug Grider([email protected]); Ellen Dills; Jason Ferguson; Kevin Odom; Lori Price; Pheakdey Preciado; TinaBanuet ([email protected]); Andrew Britton ([email protected]); Brad Rasmussen([email protected]); Dan Buffalo ([email protected]); Kelly Buendia([email protected]); Margaret Silveira; Mark Brannigan; Scott Harter ([email protected]);Steve Brookes ([email protected])

Subject: Event Application for Review & Comments - Rodeo Parade


Attachments: App 2013-014 (Rodeo Parade).pdf

Attached for review/comment is an application for the Annual Lake County Rodeo Parade.

This will be considered by the City Council at its meeting of July 2, 2013.


Thank you,

Hilary BrittonOn behalf of:


City of Lakeport

225 Park Street

Lakeport, CA 95453

Phone: (707) 263-5615, Ext. 12

Fax: (707) 263-8584

[email protected]

mailto:/O=LAKEPORT/OU=FIRST%20ADMINISTRATIVE%20GROUP/CN=RECIPIENTS/CN=JCHAPMAN


















































mailto:/O=LAKEPORT/OU=FIRST%20ADMINISTRATIVE%20GROUP/CN=RECIPIENTS/CN=JCHAPMAN



From: Lori Price

To: Janel Chapman

Subject: RE: Event Application for Review & Comments - Rodeo Parade


Hi Janel,

Thank you for the opportunity to comment on this application. After reviewing the

attached application, I cannot foresee that it will impact County roads in any way. We

have no conditions or comments to add on to this permit.

Thank you again,

Lori Price

Secretary III

Lake County Department of Public Works

255 N. Forbes Street, Rm 309

Lakeport, CA 95453(707) 263-2341

[email protected]

From: Janel Chapman [mailto:[email protected]]Sent: Tuesday, June 18, 2013 12:21 PMTo: Barbara Loveless; Cheryl Bennett; [email protected]; Dale Stoebe;[email protected]; Ellen Dills; Jason Ferguson; Kevin Odom; Lori Price; Pheakdey Preciado;[email protected]; [email protected]; [email protected];[email protected]; Kelly Buendia ([email protected]); Margaret Silveira; Mark Brannigan; [email protected]; [email protected]: Event Application for Review & Comments - Rodeo Parade

Attached for review/comment is an application for the Annual Lake County Rodeo Parade.

This will be considered by the City Council at its meeting of July 2, 2013.


Thank you,

Hilary Britton

On behalf of:


City of Lakeport

225 Park Street

Lakeport, CA 95453

Phone: (707) 263-5615, Ext. 12

Fax: (707) 263-8584

[email protected]







Meeting Date: 07/02/2013 Page 1 IV.F.

CITY OF LAKEPORTCity Council

Lakeport Redevelopment AgencyCity of Lakeport Municipal Sewer District

STAFF REPORTRE: Resolution Authorizing a Used Oil

Payment Program ApplicationMEETING DATE: 07/2/2013

SUBMITTED BY: Mark Brannigan, Public Works Director

PURPOSE OF REPORT: Information only Discussion Action Item

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

The Council is being asked to adopt a resolution authorizing a Used Oil Payment Program application.

BACKGROUND:

The California Oil Recycling Enhancement Act, which is administered by the California Integrated WasteManagement Board, is a law designed to discourage the illegal disposal of used oil. The Department of Resources Recycling and Recovery (CalRecycle), formerly known as the California Integrated WasteManagement Board, has established the Used Oil Payment Program to make payments to qualifying jurisdictions for implementation of their used oil programs.

For years, the Public Services Department of the County of Lake has administered funding from the UsedOil Block grant on behalf of the Cities of Clearlake and Lakeport. This program develops and promotesalternatives to the illegal disposal of used oil by establishing a network of collection opportunities and

undertaking outreach efforts to inform and motivate the public to recycle used oil.Major goals of the program include the following:

• Provide the public with convenient collection locations for used oil.• Increase the demand for refined oil.• Develop methods to motivate the public to recycle their used oil.• Provide payments to local governments, nonprofit organizations, and for research and demonstration

projects

The proposed Resolution authorizes the County of Lake to prepare the paperwork and administer the UsedOil Payment Program on behalf of the City of Lakeport.

DISCUSSION: The County of Lake is allocated $20,000 ($10,000 through the County's application and $5,000 for eachCity). These monies are spent on direct oil and oil filter collection and disposal, advertising, andadministration. The advertising monies are spent to include advertising for the Hazmobile as well as the oiland oil filter collection programs. The County collects approximately 29,000 gallons of used oil annually.

There is no cost to the City to run this program, and our authorization of this program application allowsthe County to continue to run the program. The County of Lake has already established a successfulprogram that includes drop off areas within the City of Lakeport, at Hillside Honda and Kragen Auto. Theprogram benefits citizens of both the City of Lakeport and County of Lake.



Meeting Date: 07/02/2013 Page 2 IV.F.

OPTIONS:

The City Council may adopt or choose not to adopt the Resolution.

FISCAL IMPACT:

None $ Account Number:

Comments: There is a possibility that this could generate a small amount of income through the sale of theused oil that is collected.

SUGGESTED MOTIONS:

Motion to adopt a resolution authorizing a Used Oil Payment Program application and authorizing the City Manager to execute any necessary documents.

Attachments: Proposed Resolution

Letter of Authorization



RESOLUTION NO. ______ (2013)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKEPORT AUTHORIZING

A USED OIL PAYMENT PROGRAM APPLICATION

WHEREAS, pursuant to Public Resources Code §48690 the Department of Resources,Recycling and Recovery (CalRecycle), formerly known as the California Integrated Waste ManagementBoard, has established the Used Oil Payment Program to make payments to qualifying jurisdictions forimplementation of their used oil programs;

WHEREAS, in furtherance of this authority CalRecycle is required to establish proceduresgoverning the administration of the Used Oil Payment Program; and

WHEREAS, CalRecycle’s procedures for administering the Used Oil Payment Program require,among other things, an applicant’s governing body to declare by resolution certain authorizations relatedto the administration of the Used Oil Payment Program.

NOW, THEREFORE, BE IT RESOLVED that the City of Lakeport authorizes thesubmittal of a Used Oil Payment Program application to CalRecycle; and

BE IT FURTHER RESOLVED that the City Manager, or her designee, is hereby authorizedand empowered to execute in the name of the City of Lakeport, all necessary documents, including butnot limited to, applications, agreements annual reports including expenditure reports and amendmentsnecessary to secure said payments to support the Used Oil Payment Program; and

BE IT FURTHER RESOLVED that this authorization is effective for five (5) years from thedate of the adoption of this resolution.

DULY AND REGULARLY ADOPTED this 2nd day of July, 2013, by the following vote:

AYES:NOES: ABSTAINING: ABSENT:

________________________________ THOMAS ENGSTROM, Mayor

ATTEST:

______________________________

KELLY BUENDIA, Acting City Clerk



City of LakeportMargaret Silveira, City Manager

225 Park Street

Lakeport, CA 95453

Over 100 years of community, pride, progress and service.

July 2, 2013

RE: LETTER OF AUTHORIZATION

As City Manager of the City of Lakeport, I am authorized to contractually bind the City of Lakeport.

Pursuant to this authority, I hereby authorize the County of Lake to submit a regional Used Oil Payment

Program (OPP) application and act as Lead Agency on behalf of the City of Lakeport. The County of Lake is

hereby authorized to execute all documents necessary to implement and secure payment under the OPP.

Sincerely,

Margaret SilveiraCity Manager



Meeting Date: 07/02/2013 Page 1 Agenda Item VI.A.



STAFF REPORT

RE: Second reading and adoption of an Ordinance revising regulations pertaining to Mobile Catering Businesses(Lakeport Municipal Code Ch. 5.20) and approval of accompanying Fee Resolution

MEETING DATE: 07/02/2013

SUBMITTED BY: Andrew Britton, Planning Services Manager


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

The City Council is asked to: 1.) Adopt the proposed Ordinance, which will amend Chapter 5.20 of theLakeport Municipal Code pertaining to mobile catering businesses; 2.) Hold a public hearing for the secondreading and adoption of the Ordinance; and 3.) Adopt a fee resolution to establish an application fee forconsideration of a waiver of the prescribed time limit for mobile catering businesses.

BACKGROUND:

The proposed Ordinance and accompanying fee resolution were first introduced to the City Council at apublic meeting on June 18, 2013. The City Council did not recommend any revisions to the proposedmobile catering regulations or the fee resolution. Staff was directed to schedule a public hearing and secondreading of the Ordinance for the July 2, 2013 City Council meeting. Adoption of the fee resolution was alsoto be scheduled for this date.

The June 18, 2013 Staff Report to the Council is attached to this report (Exhibit 1) and providesbackground and discussion regarding the proposed Ordinance as well as the fee resolution.

DISCUSSION:

The proposed Ordinance and fee resolution are also attached to this report (Exhibits 2 and 3, respectively)and are the same documents that were introduced to the Council on June 18.

OPTIONS:

1. Approve and adopt the Ordinance amending regulations pertaining to the operation of mobile catering businesses; and approve and adopt the accompanying fee resolution.

2. Do not approve but provide direction to staff.

FISCAL IMPACT:

None $ Account Number: Comments:

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



Meeting Date: 07/02/2013 Page 2 Agenda Item VI.A.

SUGGESTED MOTION:

Move that the City Council adopt the Ordinance amending Chapter 5.20 of the Lakeport Municipal Coderelated to the operation of mobile catering businesses and further move to adopt the fee resolution toestablish an application fee for consideration of a waiver of the mobile catering time limit.

Attachments: Exhibit 1: City Council Staff Report (June 18, 2013)Exhibit 2: Ordinance #_____ Exhibit 3: Resolution #_____



Meeting Date: 6/18/2013 Page 1 Agenda Item #



STAFF REPORT

RE: Introduction of an Ordinance to revise regulations pertaining to Mobile Catering Businesses (Lakeport Municipal Code Ch.5.20) and Consideration of Accompanying Fee Resolution

MEETING DATE: 06/18/2013

SUBMITTED BY: Andrew Britton, Planning Services Manager


WHAT IS BEING ASKED OF THE CITY COUNCIL:

The City Council is asked to: 1.) Introduce the proposed Ordinance, which will amend Chapter 5.20 of theCity’s Municipal Code (Mobile Catering Businesses); 2.) Set a public hearing date for second reading andadoption of the Ordinance; and 3.) Consider a Fee Resolution for a Mobile Catering Time Limit Waiver Application.

BACKGROUND:

In February 2013 the City Council considered a report and recommendations from the ad hoc MobileCatering Ordinance Review Committee. A copy of the February 5, 2013 staff report is attached for yourreview (Exhibit 1).

At that time the City Council voted to accept the committee’s recommendations and directed staff toprepare an ordinance to amend Municipal Code Chapter 5.20 to incorporate the recommendations. Staff was also directed to establish details regarding the application process for a mobile catering business seeking a waiver of the time limit at one location set forth in the revised regulations.

Staff has prepared a draft ordinance which incorporates the recommended changes as directed by the City Council. The draft is attached for your consideration (Exhibit 2).

One of the Mobile Catering Ordinance Review Committee’s recommendations addressed the issue of signage for mobile catering businesses and staff believes that additional “performance standards” for mobilecatering businesses should be considered by the City Council. The draft ordinance includes severalperformance standards (Municipal Code Section 5.20.045):

A. All mobile business units used in conjunction with mobile catering activities shall be maintained ingood working condition and, if required, shall be legally registered with the California Departmentof Motor Vehicles.

B. All signs associated with a mobile catering business shall be affixed to the mobile business unit.Portable or freestanding signs are prohibited.

C. Equipment, supplies and materials associated with a mobile catering business shall be stored on or within the mobile business unit. No ancillary equipment, supplies or materials shall be displayed inthe immediate vicinity of the mobile business unit.

Exhibit 1




D. No furniture associated with the operation of a mobile catering business shall be located within thepublic right-of-way.

The draft ordinance also sets forth the application process and related criteria for a waiver of the standardtime limit for mobile caterers in a single location (Municipal Code Section 5.20.040 A. 1.):

1. Mobile caterers may submit an application for consideration by the City Council for an increase inthe two hour limit in one location. Applications for a time limit waiver shall use the prescribed form

and be filed with the City Clerk, accompanied by the fee set by resolution of the Lakeport City Council.

a. Applications for a time limit waiver shall be for a specific location and must include specificdetails regarding the timeframe (business days and hours) of the waiver request.

b. The City Council’s decision shall be discretionary and approval of a time waiver request shall bebased on the applicant’s conformance with each of the following criteria and findings. Thesubmitted time waiver application shall address each of the following with specific detailspertinent to the applicant’s mobile catering business:

i. There are special circumstances applicable to the applicant’s mobile catering business whichcreate an unusual hardship in terms of the ability to comply with the standard two hour time

limit.

ii. The approval of the time limit waiver will not be detrimental to the public health, safety or welfare or injurious to the property where the mobile catering activities take place or toother properties or businesses in the vicinity.

iii. An extended-hours mobile catering business activity shall be located a minimum of 120 feetfrom the building corner or property line of the nearest permanent restaurant, whichever iscloser.

c. The burden of proof to establish the evidence in support of the criteria and findings set forthabove shall be the sole responsibility of the applicant.

As stated in the preamble section of the draft ordinance, the City has established regulations for mobilecatering businesses to “ensure that this type of business activity is transient and that the mobile units movefrom place to place and that they not be allowed to operate in a permanent location.” Furthermore, theregulations are intended to help protect “site built permanent restaurants which have invested heavily intheir buildings, fixtures and infrastructure” and to “reduce the potential for an unfair business advantage onthe part of the mobile catering units over site built restaurants.” For these reasons, staff believes it isappropriate to require an applicant for a time limit waiver to demonstrate there are special or uniquecircumstances that impact the applicant’s ability to comply with the standard two-hour time limit.

The draft ordinance also references a fee requirement for a time limit waiver application. Staff has prepareda draft fee resolution for the Council’s review (Exhibit 3). As described in the draft resolution, processing this type of application and bringing it to the City Council for consideration will require several hours of

cumulative staff time. According to an analysis prepared by the Finance Director (Exhibit 4), the estimatedcost to the City will total approximately $206. This estimate was based on the current personnel charge-outrates. The draft fee resolution suggests an application fee of $200.00 to adequately cover the City’s costs.

DISCUSSION:

This proposed ordinance incorporates the recommendations of the ad hoc Mobile Catering OrdinanceReview Committee as directed by the City Council. Staff believes that the proposed ordinance achieves thegoals of Committee by increasing the location time limit from one hour to two hours and providing aprocess and criteria for consideration of a waiver from the standard time limit.




The draft ordinance also includes specific performance standards which will apply to all mobile catering business operating in Lakeport and are intended to ensure that mobile catering businesses are aesthetically appropriate; that they retain their mobile characteristics; and that the operation of a mobile catering business will not be detrimental to the health, safety or general welfare of the City, its residents and/or visitors.

OPTIONS:

1. Introduce the proposed Ordinance and set a public hearing date for its second reading and adoption.2. Propose revisions to the draft Ordinance and request that it be returned to the City Council for further

discussion.

3. Accept or propose revisions to the fee resolution for a mobile catering time limit waiver application.

FISCAL IMPACT:


No significant fiscal impacts are anticipated as a result of the proposed modifications to the MunicipalCode. Typical expenses related to the public hearing notice, ordinance publication and codification will beincurred.

The suggested fee for a mobile catering time limit waiver application is based on the estimated cumulativestaff time required to process the application and is intended to cover the City’s processing costs.

SUGGESTED MOTIONS:

Move that the City Council introduce the proposed Ordinance amending Title 5, Chapter 5.20 of theLakeport Municipal Code related to the modification of regulations for mobile catering businesses and set apublic hearing and second reading for July 2, 2013, at 6:00 p.m. Further move that the accompanying feeresolution be finalized and presented for approval at the July 2, 2013 City Council meeting.

Attachments: Exhibit 1: City Council Staff Report (February 5, 2013)Exhibit 2: Proposed OrdinanceExhibit 3: Proposed Fee ResolutionExhibit 4: Application Fee Cost Analysis



ORDINANCE NO. ____ (2013)

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKEPORTREVISING THE LAKEPORT MUNICIPAL CODE TO AMEND CHAPTER 5.20

REGULATING MOBILE CATERING BUSINESSES IN THE CITY OFLAKEPORT

WHEREAS, the City of Lakeport has enacted and enforced regulations limiting the

“stopping for business time” for mobile catering units and mobile vendors since 1958; and

WHEREAS, the mobile catering regulations are designed to ensure that this type of

business activity is transient and that the mobile units move from place to place and that they not be

allowed to operate in a permanent location; and

WHEREAS, the mobile catering regulations protect the public health, safety and welfare of

the community and in particular site built permanent restaurants which have invested heavily in their

buildings, fixtures and infrastructure; and

WHEREAS, the mobile catering regulations are designed to reduce the potential for an

unfair business advantage on the part of the mobile catering units over site built restaurants; and

WHEREAS, in 2012 the City Council requested background information as to how other

communities regulate mobile food vendor operations and subsequently directed the formation of a

committee consisting of staff, two City Council members and other interested parties to explore

various changes to the existing mobile catering regulations; and

WHEREAS, the Mobile Vending Committee met in September and November 2012 and

developed several recommendations for consideration by the City Council; and

WHEREAS, the Committee’s recommendations were presented to the City Council on

February 5, 2013; and

WHEREAS, the City Council voted to accept the Committee recommendations as

presented and directed staff to prepare an amendment to the mobile catering regulations (Chapter

5.20 of the Lakeport Municipal Code).

NOW, THEREFORE, BE IT ORDAINED AS FOLLOWS:

Exhibit 2



Ordinance No. ___ (2013) Page 2

Section 1.

1. Section 5.20.040 (Location Restrictions) of the Lakeport Municipal Code shall be amendedas follows:

A. Mobile caterers shall not stop for business for more than one hour two hours in any one

location. Mobile caterers shall maintain a daily location/duration log which shall beavailable for review by City staff to verify compliance.

1. Mobile caterers may submit an application for consideration by the City Councilfor an increase in the two hour limit in one location. Applications for a time limit waiver shall use the prescribed form and be filed with the City Clerk, accompaniedby the fee set by resolution of the Lakeport city council.

a. Applications for a time limit waiver shall be for a specific location and mustinclude specific details regarding the timeframe (business days and hours) of the waiver request.

b. The city council’s decision shall be discretionary and approval of a time waiver

request shall be based on the applicant’s conformance with each of thefollowing criteria and findings. The submitted time waiver application shalladdress each of the following with specific details pertinent to the applicant’smobile catering business:

i. There are special circumstances applicable to the applicant’s mobilecatering business which create an unusual hardship in terms of the ability to comply with the standard two hour time limit.

ii. The approval of the time limit waiver will not be detrimental to the publichealth, safety or welfare or injurious to the property where the mobilecatering activities take place or to other properties or businesses in the

vicinity. iii. An extended-hours mobile catering business activity shall be located a

minimum of 120 feet from the building corner or property line of thenearest permanent restaurant, whichever is closer.

c. The burden of proof to establish the evidence in support of the criteria andfindings set forth above shall be the sole responsibility of the applicant.

D. Mobile caterers subject to the two hour time limit shall be located a minimum of sixty feet from the building corner or property line of the nearest permanent restaurant, whichever is closer.

2. Section 5.20.045 (Performance Standards) shall be added to the Lakeport Municipal Code as

follows:

Section 5.20.045 Performance Standards

A. All mobile business units used in conjunction with mobile catering activities shall bemaintained in good working condition and, if required, shall be legally registered with theCalifornia Department of Motor Vehicles.

B. All signs associated with a mobile catering business shall be affixed to the mobilebusiness unit. Portable or freestanding signs are prohibited.




C. Equipment, supplies and materials associated with a mobile catering business shall bestored on or within the mobile business unit. No ancillary equipment, supplies ormaterials shall be displayed in the immediate vicinity of the mobile business unit.

D. No furniture associated with the operation of a mobile catering business shall be located within the public right-of-way.

Section 2. CEQA.

The City Council has determined that this Ordinance is exempt from the requirement to prepareenvironmental documents under the California Environmental Quality Act (CEQA). The City Council finds that the amendment of the mobile catering regulations as presented herein is exemptper Section 15061(b)(3) of the CEQA Guidelines due to the fact there is no potential for causing asignificant effect on the environment. None of the exceptions for an exemption set forth in Section15300.2 of the CEQA Guidelines (including but not limited to Subsection (b), which relates tocumulative impacts and Subsection (c) which relates to unusual circumstances) applies to thisOrdinance.

Section 3. Severability.

If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reasonheld invalid or unconstitutional, such decision shall not affect the validity of the remaining portionsof this ordinance.

The City Council hereby declares that it would have passed this and each section, subsection, phrase,or clause thereof irrespective of the fact that any one or more sections, subsections, phrases, orclauses be declared unconstitutional on their face or as applied.

Section 4. Effective Date.

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

Section 5. Posting/Advertising.

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

* * * * * * * * * * *

This ordinance was introduced before the City Council of the City of Lakeport at a regularmeeting thereof on the 18th day of June, 2013, by the following vote:

AYES:

NOES: ABSENT: ABSTAINING:

This Ordinance was duly enacted by the City Council of the City of Lakeport at a regularmeeting thereof on the ___ day of ________, 2013, by the following vote:

AYES:NOES: ABSENT:




ABSTAINING:

_________________________________ THOMAS ENGSTROM , Mayor

ATTEST: APPROVED AS TO FORM:

_____________________________ _________________________________ KELLY BUENDIA, Deputy City Clerk , City Attorney



RESOLUTION NO. _____ (2013)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OFLAKEPORT APPROVING AND ADOPTING A FEE FOR THE

PROCESSING OF AN APPLICATION FOR A TIME LIMIT WAIVER FOR MOBILE CATERING BUSINESSES

WHEREAS, the City of Lakeport (“City”) has adopted regulations (Chapter 5.20 LakeportMunicipal Code) regarding the operation of mobile catering businesses in the City; and

WHEREAS, the Lakeport City Council has revised the mobile catering regulations perOrdinance No.____ to allow the submittal of an application for a mobile catering time limit waiverto be considered by the City Council; and

WHEREAS, the revised regulations indicate an application for a time limit waiver shall beaccompanied by a fee set by Resolution of the Lakeport City Council; and

WHEREAS, the cost of processing and considering an application for a time limit waiverrequires an application fee be charged; and

WHEREAS, a time limit waiver application will require at least three hours of cumulativestaff time plus related administrative expenses for intake, distribution, review and preparation of written report for consideration by the City Council; and

WHEREAS the application fee for processing and considering the application shall notexceed the aforementioned estimated cost of performing these services; and

BE IT RESOLVED by the City Council of the City of Lakeport that an application fee of $200.00 for a mobile catering time limit waiver request be charged.

The foregoing Resolution was passed and adopted at a regular meeting of the City Councilon the ____ day of July, 2013, by the following vote:

AYES:NOES: ABSENT: ABSTAINING:

_________________________________ THOMAS ENGSTROM , Mayor

ATTEST: APPROVED AS TO FORM:

_____________________________ _________________________________ KELLY BUENDIA, Deputy City Clerk , City Attorney

Exhibit 3



CITY OF LAKEPORT

City CouncilCity of Lakeport Municipal Sewer District

STAFF REPORT

RE: Request for Zumba Classes at Library Park MEETING DATE: 7/02/2013

SUBMITTED BY: Margaret Silveira, City Manager


WHAT IS BEING ASKED OF THE CITY COUNCIL/BOARD:

Consider request to allow Zumba classes at Library Park gazebo.

BACKGROUND:

At the June 4, 2013 Council Meeting Melissa Mabery approached City Council for authorization to teachZumba classes at Library Park. Council directed staff to bring this item back to a future Council meeting for discussion.

DISCUSSION:

The City of Lakeport's Ordinance 712. (91) Section 9.08.030 Commercial Activities Prohibited: "Allcommercial sales, display, advertising, and/or solicitation or other similar activities are prohibited in all City parklands unless such activity has received prior City Council approval.

Ms. Mabery's Zumba class has amplified music that can be heard throughout Library Park, as well as atresidences and businesses in the area. If Council were to allow this commercial activity in the park,

restrictions would have to be placed on the activity to meet the provisions of the City's Nuisance OrdinanceChapter 8.20 Section 8.20.030. Noise

OPTIONS:

Allow Ms. Mabery to continue Zumba classes in the Gazebo at the $15 fee per night for Gazebo reservationand use.

Deny use of Library Park or gazebo for Zumba classes

Provide staff direction for amendment to ordinance

FISCAL IMPACT:


SUGGESTED MOTIONS: