071613 lakeport city council agenda

7/28/2019 071613 Lakeport City Council agenda

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

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

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

II. PLEDGE OF ALLEGIANCE:

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

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

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

action arose subsequent to the Agenda being posted.

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

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

Calendar portion of this agenda.

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

meeting for either introduction or passage per Government Code Section 3693

B. Warrants: Approve warrant register from July 10, 2013.

C. Minutes: Approve minutes of the regular City Council meeting of July 2, 2013.

D. Building Permit Report Review and file Building Permit Reports from April 2013, May 2013, and June

2013.

E. Application 2013-015 Approve application 2013-015 for Lakeport Yacht Club Catfish Derby.

F. Alternate for REMIF Board Appoint Administrative Services Director Buendia as alternate to the REMIF Bo

G. Interim City Attorney Contract Approve Interim City Attorney Services with the firm of Colantuono & Levin, PC

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 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.

B. LEDAC Update on Lakeport Economic Development Advisory Committee (LEDAC)

activities by Committee Chair Wilda Shock.

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

D. Fourth of July Operations Report on Fourth of July operations and acknowledgement of assistance from

local agencies and businesses.

VI. COUNCIL BUSINESS:

A. City Manager

1. Cancel regularly scheduled

Council meeting August 6, 2013

Consider cancelling the regularly scheduled City Council meeting of August 6,

2013, and participating in the National Night Out Community Block Party on th

date.

B. Public Works Director Brannigan

1. Sewer Resolution Adopt a proposed Resolution and amend the Sewer User Rates for CommerciaCustomers Volume Charge, established with Resolution No. 2463 (2012),

increasing the allotted consumption amount from 8 units to 10.

VII. CITY COUNCIL COMMUNICATIONS:

A. Miscellaneous Reports, if any:

AGENDAREGULAR MEETING OF THE LAKEPORT CITY COUNCILTuesday, July 16, 2013

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


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City Council Agenda of July 16, 2013 Page 2

VIII. CLOSED SESSION: Pursuant to Government Code Section 54956.8 (Conference with Real Property

Negotiator): Negotiator: City Manager; regarding property at 1400 South Mai

St. #12B, Lakeport, specifically, price and payment terms.

IX. ADJOURNMENT: Adjourn

Materials related to an item on this Agenda submitted to the Council after distribution of the agenda packet are available for public inspection in the City Clerks Office at

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

staffs ability to post the documents before the meeting.

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

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

reasonable arrangements to ensure accessibility to this meeting.

_______________________________________

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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MINUTESLAKEPORT CITY COUNCIL

Regular MeetingTuesday, July 2, 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 6:02 p.m. with Council Members Mattina, Parlet, Scheel a

Spillman present.

II. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Lakeport Police Lieutenant Ferguson.

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

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

Urgency Items: There were no urgency items.

IV. CONSENT AGENDA:

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

B. 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.

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

Scheel and unanimously carried by voice vote to approve the Consent Agenda,

Items A through F, as posted.

V. PUBLIC PRESENTATIONS/REQUESTS:

A. Citizen Input: There was no citizen input.

B. Introduction of Interns Administrative Services Director Buendia introduced intern Anjanette Correia,

Finance Director Buffalo introduced intern Bryan Cochrane. Both interns are f

the Mendocino College CWEE Program.

C. Lake Bed Management The report by Lake County Water Resources Director Scott De Leon was held o

to the next meeting due to a scheduling conflict for Director De Leon.

VI. PUBLIC HEARING:

A. Mobile Catering Ordinance Mayor Engstrom opened the Public Hearing at 6:09.

There was no testimony from the public.

Mayor Engstrom closed the Public Hearing at 6:10.

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

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

revise regulations pertaining to Mobile Catering Businesses (Lakeport Municipa

Code Ch. 5.20), and accompanying fee Resolution.

VII. COUNCIL BUSINESS:


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City Council Minutes of July 2, 2013 Page 2

A. City Manager

1. Request to Conduct Zumba

Classes in Library Park

City Manager Silveira presented a staff report regarding a request to allow Me

Mabery to conduct Zumba classed in Library Park Gazebo. Melissa Mabery wa

not present at the meeting, nor was anyone there to represent her.

Council Member Parlet spoke out against the request. A motion was made by

Council Member Parlet, seconded by Council Member Scheel and unanimously

carried by voice vote to deny the request by Melissa Maberry to utilize LibraryPark and the Gazebo to conduct Zumba classes.

VIII. CITY COUNCIL COMMUNICATIONS:

A. Miscellaneous Reports, if any: Council Member Spillman has meetings coming up. He has been working with

the Westside Community Park committee putting in horseshoe pits.

Council Member Mattina has an APC meeting next week.

Council Member Parlet had nothing to report.

Council Member Scheel has been approached by the PEG & Konocti Trails

groups; he is trying to determine if he has time in his schedule to attend either

committee meetings.

City Manager Silveira wished all a happy Fourthof July.

Police Chief Rasmussen advised that the police department is doing Public

Outreach and education on the Administrative Citation procedure and the

Marijuana Cultivation ordinance utilizing the department Facebook page and

Web page.

The Fourth of July command center will be in the Council Chambers. Due to

technical issues, RiMS isnt up yet.

Planning Services Manager Britton is also working on outreach materials

regarding the Marijuana Cultivation Ordinance, including a section on the City

website just for education on the Ordinance, and there will be information

included with the utility bills in the next few months.

Finance Director Buffalo is coordinating the Citys entry for Grillin on the Gree

City Engineer Harter had nothing to report.

Public Works Director Brannigan reported that crews are busy preparing for

Fourth of July.

Administrative Services Director Buendia reported that the employer mandate

the Affordable Healthcare Act will not be implemented until next year.

IX. CLOSED SESSION: Mayor Engstrom adjourned the meeting to Closed Session at 6:22 p.m., to

discuss matters pursuant to Government Code Section 54957 (b) (2) Public

Employee Discipline/Dismissal/Release.

X. REPORT FROM CLOSED SESSION: Mayor Engstrom reconvened the regular session at 7:27 p.m. He reported tha

by unanimous vote, the City Council terminated the employment of SteveBrookes, City Attorney.

XI. ADJOURNMENT: Mayor Engstrom adjourned the meeting at 7:28 p.m.

_______________________________________

THOMAS ENGSTROM, Mayor

ATTEST:

_______________________________________

KELLY BUENDIA, Acting City Clerk


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From: Janel Chapman

To: "[email protected]"

Cc: Doug Grider; Mark Brannigan

Subject: Application for Catfish Derby 08-23-2013

Date: Tuesday, July 02, 2013 8:31:46 AM

Attachments: Map - 3rd to 5th St.pdfMap- Yacht Club Fifth St parking areas_aerial.pdf

Good Afternoon,

I have received your application for use of public areas submitted for the Catfish Derby 08-

23-2013.

I have tentatively scheduled this to be considered by the Council at their meeting

07/16/2013.

Prior to approval for the application, you will need to submit the following:

1. A map of the parking lot indicating which parking spaces you would like to reserveovernight.

I have attached a hand drawn map from 3 rd 5 th Streets, as well as one that shows

the parking lot extending north from 5th street. Feel free to use one of these maps

to indicate the parking spaces requested, and return to me by 7/10/2013 to get this

item on the Council Agenda.

Prior to the event, you will need to do the following:

1. Submit an Insurance Certificate for this specific event. The certificate we have on fileis for the July 4th event only.

2. Contact Public Works at 263-0751 to arrange for Public Works to arrange forcones/markers/barricades indicating the parking spaces to be reserved if you wont

be providing those yourselves.

Please let me know if you have any questions or concerns, or if there is anything else I can

do for you.

Best wishes for your event,

Hilary BrittonOn behalf of:

Janel Chapman, City Clerk

City of Lakeport

225 Park Street

Lakeport, CA 95453
mailto:/O=LAKEPORT/OU=FIRST%20ADMINISTRATIVE%20GROUP/CN=RECIPIENTS/CN=JCHAPMANmailto:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:/O=LAKEPORT/OU=FIRST%20ADMINISTRATIVE%20GROUP/CN=RECIPIENTS/CN=JCHAPMAN


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From: Lori Price

To: Janel Chapman

Subject: RE: Event Application for Review & Comments

Date: Tuesday, July 02, 2013 8:48:50 AM

Good morning Hilary,

I have reviewed the event application. It does not appear that this event will impact

county roads in any way. We therefore have not additional comments for this event.

Thank you for the opportunity to comment on this and all events held within Lakeport

City Limits.

Sincerely,

Lori Price

Secretary III

Lake County Department of Public Works255 N. Forbes Street, Rm 309

Lakeport, CA 95453

(707) 263-2341

[email protected]

From: Janel Chapman [mailto:[email protected]]Sent: Monday, July 01, 2013 2:16 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

Attached for review/comments is an application for the Lakeport Yacht Clubs annual Catfish

Derby.

This will be considered by the City Council on July 16, 2013.

Please have any comments back to me no later than 5:00 p.m. Tuesday, July 9, 2013.

Thank you.

Hilary Britton

On behalf of:


City of Lakeport

225 Park Street
mailto:[email protected]:[email protected]:[email protected]:[email protected]


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From: Police Chief

To: Janel Chapman

Cc: Andrew Britton; Dan Buffalo; Janel Chapman; Kelly Buendia; Margaret Silveira; Mark Brannigan;Scott Harter

Subject: Re: Event Application Addendum - Catfish Derby

Date: Wednesday, July 10, 2013 8:47:47 PM

No police concerns. No police fiscal impact.

Thanks.

Brad RasmussenChief of PoliceCity of Lakeport

Sent from my iPad

On Jul 8, 2013, at 3:32 PM, "Janel Chapman" wrote:

Please see email below.

Hilary


City of Lakeport

225 Park Street

Lakeport, CA 95453

Phone: (707) 263-5615, Ext. 12Fax: (707) 263-8584

[email protected]

From: Janel ChapmanSent: Monday, July 08, 2013 3:15 PMTo: Cheryl Smart; Dale Stoebe; Doug Grider; Ellen Dills; Jason Ferguson; Kevin Odom;Management Team; Pheakdey Preciado; Tina BanuetSubject: Event Application Addendum - Catfish Derby

Please find attached an addendum to the application for use submitted by the

Lakeport Yacht Club for a Catfish Derby. Attached is a map of the RV spacesthey would like to reserve.

This is scheduled to go before the Council on July 16, 2013. Please have any

comments back to me no later than Wednesday, July 10.

Thank you,
mailto:/O=LAKEPORT/OU=FIRST%20ADMINISTRATIVE%20GROUP/CN=RECIPIENTS/CN=POLICECHIEFmailto:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:/O=LAKEPORT/OU=FIRST%20ADMINISTRATIVE%20GROUP/CN=RECIPIENTS/CN=POLICECHIEF


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Andrew Britton CDD / Planning

?

No indication that event will include any vendors. If vendors are present, they arerequired to have a City business license.No objection to proposed overnight camping in RVs. Overnight camping related tospecial events in parklands can be approved by City Council per LMC Section9.08.060.No other comments/concerns.


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Meeting Date: 07/16/2013 Page 1 Agenda Item #IV.F

CITY OF LAKEPORT

City CouncilCity of Lakeport Municipal Sewer District

STAFF REPORT

RE: Appointment of Alternate Representative to Redwood EmpireMunicipal Insurance Fund, JPA

MEETING DATE: 7/16/2013

SUBMITTED BY: Margaret Silveira, City Manager

PURPOSE OF REPORT: Information only Discussion Action Item

WHAT IS BEING ASKED OF THE CITY COUNCIL/BOARD:

Approval of Administrative Services Director, Kelly Buendia as the Alternate Representative City ofLakeport Representative to Redwood Empire Municipal Insurance Fund, JPA

BACKGROUND:

The City of Lakeport is an Associate Member of the Redwood Empire Municipal Insurance Fund (REMIF),JPA. The City is allowed a representative and an alternate. The City Manager is the current representative,and staff is recommending the Administrative Services Director, Kelly Buendia as the alternate. Thealternate position was previously held by the City Attorney.

DISCUSSION:

OPTIONS:Approve appointment of Kelly Buendia

Request another person for appointment

FISCAL IMPACT:

None $ Account Number: Comments:

SUGGESTED MOTIONS:

Attachments:


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Meeting Date: 07/16/2013 Page 1 Agenda Item #IV. G

CITY OF LAKEPORT


STAFF REPORT

RE: Agreement for Interim Legal Services with Colantuono &Levin, PC





Approval of Interim City Attorney Services with the firm of Colantuono & Levin, PC.

BACKGROUND:

The City Council requested staff to solicit proposals from legal firms for the City's immediate need of legalservice.

Staff requested proposals from three law firms that specialize in municipal law for interim legal counsel.The firms of Best, Best & Krieger, Meyers Nave, and Colantuono & Levine responded immediately to therequest.

DISCUSSION:

Councilmember Scheel met with management staff to review and select the top candidate for Councilapproval.

Though all three firms have excellent qualifications, the group chose Colantuono & Levine as their firstchoice for the interim position. They all three quoted very similar fees, Michael Colantuonos firm waschosen based on the fact they are already working with the City on special counsel issues, such as the RIMSaccess, the rent control initiative, and other legal services. By virtue of having the broader contract with thefirm, the City will receive a lower billing rate for "special counsel" needs as they arise. As per the attachedagreement, the monthly retainer fee is $6,000 for a minimum of 30 hours. This fee is for general counsel andthe other discounted rate is for special counsel or litigation.

OPTIONS:

Approve agreement with Colantuono & Levine

Approve agreement with BBK or Meyers Nave

Request staff to provide additional proposals

FISCAL IMPACT:

None $6,000 monthly plus any additional Special Counsel Fees AccountNumber: 110-1030-930 Comments:

SUGGESTED MOTIONS:

Move to approve Agreement for Legal Services between the City of Lakeport and the firm of Colantuono &Levin, PC


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Meeting Date: 07/16/2013 Page 2 Agenda Item #IV. G

Attachments: Agreement for Legal Services with Colantuono & Levin, PC


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Attachment 1

105162.1 1

AGREEMENT FOR LEGAL SERVICES BETWEENTHE CITY OF LAKEPORT AND COLANTUONO & LEVIN, PC

This Agreement is made and entered into by and between the law firm of Colantuono &

Levin, PC (hereinafter the Firm) and the City ofLakeport (City) this 16th day of July2013.

RECITALS:

A. The City desires to retain the Firm on an interim basis to discharge the duties of theoffice of City Attorney and to designate a member of the Firm as City Attorney.

B. The attorneys of the Firm are duly licensed under the laws of the State of Californiaand are fully qualified to discharge the duties of the office of City Attorney and toprovide the services contemplated by this Agreement.

NOW, THEREFORE, the parties hereto agree as follows:

1. Scope of Services and Compensation.

A. The Firm shall discharge the duties of the office of City Attorney of the City ofLakeport and General Counsel of the Successor Agency to the Lakeport RedevelopmentAgency and shall use its best efforts to provide legal services in a competent andprofessional manner. The Firm shall provide all legal services to the City of the kind andnature typically provided by an in-house City Attorneys office and as provided in theLakeport Municipal Code unless specifically stated otherwise in this Agreement orotherwise directed in writing by the City. Except where conflict of interest rules requireotherwise, or as directed by the City, the Firm shall supervise the activities of all othercounsel retained by or for the City and shall review the work of such counsel on behalf ofthe City.

B. The legal services to be provided by the Firm shall consist of those set forth in ExhibitA attached hereto and shall be billed at the rates set forth therein.

2. Designation of City Attorney and Assistant City Attorney.

David J. Ruderman is designated as Interim City Attorney. The parties understand andagree that the Firm may, from time to time, utilize other attorneys within the Firm toassist Mr. Ruderman in the performance of this Agreement but that Mr. Ruderman willattend all regularly scheduled Council meetings and make best efforts to attend all specialCouncil meetings unless excused by Council or the City Manager or absent due to illness,an annual vacation or to limited business commitments (such as a conference of theLeague of California Cities) and will supervise all services rendered under thisAgreement. Michael G. Colantuono is designated as Assistant City Attorney. Should therebe an occasion where the two designated attorneys are not available, it is the Firms


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Attachment 1

105162.1 2

responsibility to ensure that a competent attorney is available for attendance at Councilmeetings.

3. Billing Procedures and Monthly Statements.

A. The Firm shall submit to the City, within thirty (30) days after the end of each calendarmonth, an itemized statement of the professional services provided and the timeexpended to provide those services in the form customarily submitted by the Firm toclients which are billed on an hourly basis. The parties acknowledge that payment of allmonthly statements is expected to be made within thirty (30) days of the billing date. TheCity will not be liable for interest or finance charges, although persistent late paymentshall be a basis for the Firm to review its relationship with the City.

B. Time will be charged by the Firm in increments of 1/10 of an hour (i.e., six-minuteunits). The rate structure in general, or the rates of attorneys of particular levels ofexperience, may be increased or altered from time to time, after written notice to, and

approval by, the City. No such change shall affect the terms of Exhibit A to thisAgreement absent amendment of this Agreement pursuant to Section 8 below. Thecurrent hourly rates of the firms professionals for non-retainer services are shown inExhibit B attached hereto.

C. The firm will not charge the City for the attendance of more than one attorney at anymeeting, proceeding or deposition without first discussing the need to do so with theprincipal client contact for the matter, and will limit multiple attendance to exceptionalcircumstances where such attendance is necessary for the benefit of the City.

4. Costs and Expenses.

A. Overhead. The Firm will charge the City for travel to and from the City at one-half thetime incurred and will impose no additional charge for travel with respect to serviceswithin the scope of the retainer. The Firm will also bill the City for expenses such as in-house duplication, outgoing facsimile charges, conference calls and other non-routinephone calls, electronic legal research outside the scope of the Firms Westlaw contract,delivery, expert witness fees, deposition and court reporter fees will be billed to the Citywith no mark up.

B. Cost Recovery. Legal services that are the direct requirement resulting from a land useapplication (i.e., use permit, subdivision map, specific plan) or other matters that benefit aprivate party and legal services can be reimbursed by the private party. Reimbursablecharges must be approved by the City or be part of a reimbursement agreement betweenthe City and the third party. These charges are outside the Citys retainer and may bebilled at $25 per hour above the Firms discounted rates as provided in Attachment B.


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Attachment 1

105162.1 3

5. Term of the Agreement.

This amended Agreement shall be effective as of July 1, 2013 and shall be and remain infull force and effect until terminated in accordance with the provisions of Section 6hereof.

6. Termination of the Agreement.

City may terminate this Agreement at any time, without cause, subject to an obligation togive notice in writing to the Firm at least thirty (30) days prior to termination.Termination is effective thirty (30) days from the date of the written notice unlessotherwise specified therein. The Firm has the same right, subject to the Firms ethicalobligations to allow the City sufficient notice to arrange alternative representation. Ineither circumstance, City agrees to secure new counsel as quickly as possible and tocooperate fully in the substitution of the new counsel as counsel of record in any action inwhich the Firm may represent the City. The Firm agrees to cooperate fully in any such

transition, including the transfer of files. Notwithstanding the termination of the Firmsrepresentation, City will remain obligated to pay to the Firm all fees and costs incurredprior thereto.

7. Files and Records.

A. All legal files of the Firm pertaining to the City shall be and remain the property ofCity. The Firm will control the physical location of such files during the term of thisAgreement.

B. The Firm shall maintain full and accurate records with respect to all matters coveredunder this Agreement for a period of three years after the expiration or termination of thisAgreement. City shall have the right to access and examine such records, without charge,during normal business hours. City shall further have the right to audit such records, tomake transcripts therefrom and to inspect all data, documents, proceedings, and activities.

8. Modifications to the Agreement.

Unless otherwise provided in this Agreement, modifications relating to the nature, extentor duration of the Firms professional services hereunder require the prior writtenapproval of both parties. Any such written approval shall be deemed to be a supplementto this Agreement and shall specify any changes in the Scope of Services and the agreed-upon billing rates to be charged by the Firm and paid by the City.

9. Independent Contractor.

No employment relationship is created by this Agreement. The Firm and its attorneysshall, for all purposes, be independent contractors to the City. The Firm and its membersshall not be entitled to participate in any pension plan (including, without limitation, the


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Attachment 1

105162.1 4

Public Employees Retirement System), insurance, bonus, or other similar benefitsprovided to City employees.

10. Nondiscrimination.

In the performance of this Agreement, the Firm shall not discriminate against anyemployee or applicant for employment because of race, religion, color, sex, sexualorientation, national origin, medical condition, or any other unlawful basis.

11. Assignment and Delegation.

This Agreement contemplates the personal professional services of the Firm. Neither thisAgreement nor any portion thereof shall be assigned or delegated without the priorwritten consent of the City. Delegation to attorneys outside the Firm shall be limited tothose situations in which the Firm is disqualified by virtue of a conflict of interest, orwhen the Firm does not possess the expertise to competently perform services in a

particular practice area. Delegation shall not be made without the prior written approvalof the City Manager. The Firm shall supervise delegated work, except where precludedfrom doing so by virtue of a conflict of interest, and where otherwise agreed to by theparties.

12. Insurance.

A. The Firm will maintain in full force and effect a professional liability insurance policy,including non-owned automobile coverage, which provides coverage of not less than$1,000,000 per occurrence and $1,000,000 aggregate. Such insurance policy will providecoverage to the City, the Successor Agency and their respective officers and employeesfor any damages or losses that they might suffer as a result of any negligence by the Firm.The Firm will also carry $2,000,000 in professional errors and omissions insurance.

B. The Firm will maintain workers compensation insurance in accordance with Section3700 of the California Labor Code.

C. The Firm agrees to notify City in the event the limits of its insurance should fall belowthe coverages stated in paragraph A or if the insurance policies noted here are allowed tolapse and substitute insurance is not obtained.

13. Indemnification.

The Firm shall indemnify, hold harmless and defend City, its officers, agents, employeesand volunteers from and against any and all claims and losses, costs or expenses for anydamage due to death or injury to any person and injury to any property resulting from anyalleged intentional, reckless, or negligent acts, errors or omissions of the Firm in theperformance of this Agreement.


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Attachment 1

105162.1 5

14. Conflicts of Interest.

The Firm and its members shall comply with all applicable federal, state and local lawsand regulations, including the conflict of interest provisions of Government Code Section1090 and the Political Reform Act (Government Code Section 81000 et seq.).

15. Permits and Approvals.

The Firm and its members shall obtain, at the Firms sole cost and expense, all permits,

and licenses necessary in the performance of this Agreement.

16. Severability.

If any term or provision of this Agreement or the application thereof to any person orcircumstance shall, to any extent, be invalid or unenforceable, then such term orprovision shall be amended to, and solely to, the extent necessary to cure such invalidity

or unenforceability, and in its amended form shall be enforceable. In such event, theremainder of this Agreement, or the application of such term or provision to persons orcircumstances other than those as to which it is held invalid or unenforceable, shall not beaffected thereby, and each term and provision of this Agreement shall be valid and beenforced to the fullest extent permitted by law.

17. Entire Agreement.

This Agreement, together with Exhibits A and B hereto, shall constitute the full andcomplete agreement and understanding of the parties and shall be deemed to supersedeall other written or oral statements of any party hereto relating to the subject matterhereof.

IN WITNESS WHEREOF, the duly authorized representatives of the parties have causedthis Agreement to be executed as of July 16, 2013.

Colantuono & Levin, PC

By: _____________________________Michael G. Colantuono, President

City of Lakeport

By: ______________________________Tom Engstrom, Mayor


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Attachment 1

105162.1 6

ATTEST:

_______________________________

Kelly Buendia, Acting City Clerk


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Attachment 1

105162.1 7

EXHIBIT A

SCOPE OF SERVICES AND APPLICABLE BILLING RATES

I. GENERAL LEGAL SERVICES

A. RETAINERSERVICES. The general legal services to be provided by the Firm to the Cityand the Successor Agency include:

1. Provide routine legal assistance, advice and consultation to the City Council and toCity staff relating to general public law issues, potential tort liability and riskmanagement.

2. Prepare and review legal opinions, ordinances, resolutions, agreements and relateddocuments.

3. Attend all meetings of the City Council. Attend additional such meetings of the

Planning Commission and other Boards and Commissions of the City as may from timeto time be requested by the City, not to exceed 2 per month.

4. Monitor pending state and federal legislation and regulations, and new case law, asappropriate.

5. Assist the City in the development of legal and judicial remedies and processes to codecompliance issues, including assisting the City in implementing provisions of itsAdministrative Penalty Ordinance. Retainer services do not include litigation or filing oflawsuits.

6. Prepare and / or review correspondence to be sent by City staff on legal matters such aspublic records requests, open meeting provisions, ethics questions, conflicts of interest,municipal code violations, and municipal code or state law interpretations.

7. Perform such other or additional general legal services as may be requested by theCity, acting by and through the City Council or the City Manager.

8. Administer contracts that the City may have with other legal counsel, as directed by theCity.

9. Provide attorneys on-site for regular office hours a minimum of twice per month for atotal of 8 hours per month as requested by the City Manager or the City Council.Additional office hours will be provided as requested by the City Manager or the CityCouncil and compensated pursuant to paragraph B. below.

10. Perform all duties of the office of City Attorney as provided in State law and theLakeport Municipal Code, expect to the extent such duties are provided for in Sections IIor III below.


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105162.1 8

The general legal services specified in this Paragraph A shall be provided at the rate of$6,000 per month except as provided in paragraph B. below. The City acknowledges thatthis sum is expected to fund approximately 30 to 35 hours per month (include travel timefor meetings measured at one-half the time incurred), on average, of retainer services andCity Manager and City Attorney shall cooperate and establish priorities for work to limit

the Citys demand for retainer services to that amount and to require the City Attorney towork efficiently to provide for the Citys general legal service needs within that retainer.

B. SPECIAL PROJECTS. Additional office hours requested by the City Manager or the CityCouncil, and services on any single project or matter which would otherwise be withinthe scope of paragraph A (Retainer Services) that the City Attorney and City Managermutually agree is reasonably likely to require more than 12 hours of professionalservices, shall be compensated at the rate of $185 per hour in addition to the retainerprovided for in paragraph A. above.

C. TASKBILLING. Upon request by City, Firm will propose flat-fee amounts to cover

specific tasks under paragraph B. of this Section and under Sections IIIV below. Whensuch task, flat-fee arrangements have been agreed upon, they shall control over the ratesprovided by this Agreement.

II. LITIGATION SERVICES

A. The Firm will provide litigation services to the City in any and all matters assigned bythe City, except as delegated pursuant to paragraph 11 of the Agreement, or as otherwiseagreed in writing by the Firm and the City.

B. The litigation services specified in paragraph II. A. shall be billed at the regular hourlyrates of the attorneys and other professionals providing such services at the time thoseservices are provided to a maximum of $250 per hour, or as otherwise agreed pursuant toparagraph I.C. above. The non-retainer rates in effect on the Effective Date of thisAgreement are set forth in Exhibit B.

III. LABOR AND EMPLOYMENT LEGAL SERVICES

A. The Firm will provide labor, employment and personnel legal services prior to theinitiation of litigation to the City in any and all matters assigned by the City, except asdelegated pursuant to paragraph 11 of the Agreement, or as otherwise agreed in writingby the Firm and the City. This paragraph excludes attendance at Council closed sessionsand basic review of agreements as prepared as part of the normal course of work of theCity Council, which routine services are covered under Section I above.

B. The labor, employment and personnel services specified in paragraph A shall be billedat the regular hourly rates of the attorneys and other professionals providing such servicesat the time those services are provided to a maximum of $250 per hour, except asotherwise agreed pursuant to paragraph I.C. above.


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Attachment 1

105162.1 9

IV. OTHER SPECIALIZED LEGAL SERVICES

The specialized legal services (excluding those described above) to be provided by theFirm to the City shall include the following:

1. Advice regarding taxes, assessments, fees and other financial advice.

2. Environmental Legal Services other than routine review of negative declarations,environmental impact reports and other project-level environmental documentation.

3. Real Estate and Eminent Domain Services other than routine review of escrowdocuments, title reports and contracts of sale.

4. Insurance Coverage Services, such as advice and representation regarding disputeswith the Citys risk pool or another insurance provider other than routine advice to tenderclaims to insurers.

5. Post-Redevelopment and Housing Services other than attendance at City Councilmeetings.

6. Water Law Services.

7. Such other specialized services as may be required by the City which are not generallyprovided by an in-house City Attorneys office.

The specialized legal services specified in this paragraph shall be billed at the regularhourly rates of the attorneys providing such services at the time those services areprovided up to a maximum of $250 per hour. The non-retainer rates in effect on theEffective Date of this Agreement are set forth in Exhibit B.


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105162.1 10

Exhibit B

Non-Retainer Hourly Billing Rates as of July 1, 2013:

Shareholders and senior contract attorneys $2508th year and more senior associates $2507th year associates $2506th year associates $2505th year associates $2504th year associates $2353rd year associates $2252nd year associates $1951st year associates $175Paralegals $145Legal assistants $110


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Meeting Date: 07/16/2013 Page 1 Agenda Item #VI.A.1.

CITY OF LAKEPORT


STAFF REPORT

RE: Request for Cancellation of the August 6, 2013 CouncilMeeting





Request to Cancel the August 6, 2013 City Council Meeting and approve Lakeport National Night Outevent.

BACKGROUND:

The introduction of National Night Out, Americas Night Out Against Crime, in 1984 began an effort topromote involvement in crime prevention activities, police-community partnerships, neighborhoodcamaraderie and send a message to criminals letting them know that neighborhoods are organized andfighting back. NATWs National Night Out program culminates annually, on the first Tuesdayof August

NATWs Executive Director, Matt Peskin introduced National Night Out in 1984.The first National NightOut took place on Tuesday, August 7th 1984. That first year, 2.5 million Americans took part across 400communities in 23 states.

The seed had been planted.

National Night Out now involves over 37 million people and 15,000 communities from all fifty states, U.S.Territories, Canadian cities, and military bases worldwide.

The traditional lights on campaign and symbolic front porch vigils turned into a celebration acrossAmerica with various events and activities including, but not limited to, block parties, cookouts, parades,visits from emergency personnel, rallies and marches, exhibits, youth events, safety demonstrations andseminars, in effort to heighten awareness and enhance community relations.

Peskin said, Its a wonderful opportunity for communities nationwide to promote police-communitypartnerships, crime prevention, and neighborhood camaraderie. While the one night is certainly not ananswer to crime, drugs and violence, National Night Out represents the kind of spirit, energy anddetermination to help make neighborhoods a safer place year round. The night celebrates safety and crimeprevention successes and works to expand and strengthen programs for the next 364 days.

DISCUSSION:

Staff is requesting the cancellation of the August 6, 2013 Lakeport City Council Meeting and approval forthe City of Lakeport National Night Out event.

The City of Lakeport National Night Out event would be an opportunity for the community to meet andgreet City Council Members and Staff and local emergency personnel.


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Meeting Date: 07/16/2013 Page 2 Agenda Item #VI.A.1.

The City would provide hot dogs and drinks. The local service club has volunteered to do the cooking.

The Lakeport LDS Church at 600 16th Street, has volunteered their parking lot and grounds for the event.

Staff hopes to make this an annual event, which would be rotated to a different neighborhood each year.

OPTIONS:

Approve cancellation of the August 6, 2013 City Council Meeting and move to participate in the LakeportNational Night Out Event.

No cancellation of the August 6, 2013 City Council Meeting

FISCAL IMPACT:

None $500 approximately Account Number: 110-1010-928Comments:

SUGGESTED MOTIONS:

Move to approve the cancellation of the August 6, 2013 Lakeport City Council Meeting and theparticipation of the City of Lakeport in the National Night Out event.

Attachments:


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Meeting Date: 07/16/2013 Page 1 Agenda Item #VI.B.1.

CITY OF LAKEPORTCity Council

Lakeport Redevelopment AgencyCity of Lakeport Municipal Sewer District

STAFF REPORTRE: Sewer Consumption Allotment Increase, Commercial MEETING DATE: 7/16/2013

SUBMITTED BY: Mark Brannigan, Public Works Director


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

The City Council is being asked to consider an option to increase the sewer allotment to commercialcustomers from the current 8 units to a proposed 10 units, and take action to approve or deny.

BACKGROUND:

During the rate setting process the City Council heard from businesses who were concerned about the costsof the new rates. Specifically, they were concerned about the increase to their sewer portion of the utility billwhere they are charged for usage over 8 units when some of their water usage doesnt go into the sewer.The City Council directed staff to look for ways to address this issue that is fair and equitable. At the June18, 2013 Council/Board meeting direction was provided to staff to set into Resolution an increase of thecommercial sewer consumption allotment of 8 units to 10, for Council action.

DISCUSSION:

Customer classifications are created to represent an average use for that class. For the sewer commercialclassification 8 units (5,984 gallons) of water was allotted before a consumption charge was enacted. Duringthe summer months a number of businesses had seen large increases to their utility bill because of waterusage that was not going into the sewer. An investigation into the matter revealed that the customers did nothave an irrigation meter and that the allotted 8 units were not adequate to account for summer irrigation. Ananalysis on ways to address this discrepancy in a fair and equitable manner resulted in a recommendation toincrease the allotted units to 10 (7,480 gallons) before enacting the usage fee. This increase to thecommercial usage allotment is estimated to reduce anticipated sewer revenues by $16,435. This reduction torevenue will not impact operations, but will reduce the amount of money collected for sewer reserves.

OPTIONS:

Adopt the proposed Resolution amending Resolution No. 2463 (2012) Sewer User Rates, Section C, 3Volume Charge to allow for the 10 units of usage for commercial customers, or provide direction to staff.

FISCAL IMPACT:

None $16,435 Account Number: 601-3070

Comments: Its estimated that sewer revenues will be reduced by $16,435, if adopted.

SUGGESTED MOTIONS:


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Meeting Date: 07/16/2013 Page 2 Agenda Item #VI.B.1.

Move to adopt the proposed Resolution and amend the Sewer User Rates for Commercial CustomersVolume Charge, established with Resolution No. 2463 (2012), increasing the allotted consumption amountfrom 8 units to 10.

Attachments: Resolution ____ (2013)


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Attachment 1

119203.1

RESOLUTION NO. ____ (2013)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OFLAKEPORT ACTING AS THE GOVERNING BOARD OF THE CITY OF

LAKEPORT MUNICIPAL SEWER DISTRICT NO. 1 (CLMSD)

AMENDING RESOLUTION NO. 2463 (2012) ESTABLISHINGSEWER RATES, FEES AND CHARGES

WHEREAS, pursuant to Chapter 13.20 of the City of Lakeport Municipal Code, the Governing Board of theCity of Lakeport Municipal Sewer District No. 1 (CLMSD) may fix rates and fees for sewer service within theCity of Lakeport; and

WHEREAS, pursuant to Chapter 13.20 of the City of Lakeport Municipal Code, the CLMSD Board ofDirectors must establish sewer fees by RESOLUTION; and

WHEREAS, the City Council (CLMSD Board) wishes to adopt sewer rates and charges that are equitableand fairly distribute the burden of system costs among the various classes of customers, and

WHEREAS, the City Council (CLMSD Board) wishes to adopt sewer rates and charges in conjunction withthe proposed budgetary needs of the sewer collection and treatment utility; and

WHEREAS, pursuant to Resolution No. 2463 (2012), the City Council (CLMSD Board) adopted sewer ratesafter notice and hearing pursuant to article XIII D, section 6, subdivision (a) of the California Constitution.,at which no majority protest occurred; and

WHEREAS, a public hearing was held on June 18, 2013, to consider the proposed sewer consumptionallotment increase; and

WHEREAS, the sewer rates, fees, and charges adopted by Resolution No. ____ (2013) are retroactivebecause they are a reduction in rates and not an increase in rates.

NOW, THEREFORE, BE IT RESOLVED THAT:

The City Council of the City of Lakeport, sitting as the governing body of the City of Lakeport MunicipalSewer District No. 1, determines that:

1. EVIDENCE

The City Council has considered all of the evidence submitted into the administrative record, which includes,but is not limited to, the following:

a. The staff presentations at the public hearing conducted by the Board of Directors;

b. Public comments, both written and oral, received and/or submitted at, or prior to, the publichearing(s) supporting and/or opposing the staff recommendation.

2. FINDINGS


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Resolution No. ____ (2013) Page 2

In view of all of the evidence and based on the foregoing findings, the City Council (CLMSD Board)concludes as follows:

a. The proposed sewer rates and charges are equitable and do fairly distribute the burden of costamong the various classes of customers;

b. The proposed rates and charges will meet the current budgetary needs of the sewer utility.

c. The proposed sewer rates meet the revenue requirements necessary to adequately operate thesewer utility system.

d. The proposed sewer rates comply with the requirements of article XIII D, section 6, subdivision(b) for the reasons stated in rate analysis performed by HDR, Inc. in connection with Resolution No. 2463(2012).

3. SEWER USER RATES

Pursuant to Municipal Code Section 13.20.060, the City Council, acting as the CLMSD Board ofDirectors, hereby amends the following rates imposed under Resolution No. 2463 (2012) and establishes thefollowing sewer user rates for Sewer Service within the sewer utility service area.

C. Schedule DCommercial Customers

3. Volume Charge

a. There shall be no additional charge for first 10 hundred cubic feet of water servedto an account per month.

b. When water served to an account exceeds 10 hundred cubic feet per month, anadditional volume charge per each hundred cubic feet shall be charged.

Effective Date: 7/1/2013 1/1/2014 1/1/2015 1/1/2016 1/1/2017

0-10 CCF $0.00 $0.00 $0.00 $0.00 $0.00

Above 10 CCF $6.43 $7.59 $8.31 $8.81 $8.81

Except as amended by this Resolution, the rates adopted by Resolution No. 2463 (2012) remain infull force and effect.

This resolution was considered at a public hearing held on July 16, 2013, and was adopted by theCLMSD Board of Directors at a meeting held on July 16, 2013, by the following vote:

AYES:NOES:

ABSTAINING:ABSENT:


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____________________________________THOMAS ENGSTROM, Mayor/Chairperson

ATTEST: APPROVED AS TO FORM:

________________________________ _ ___________________________________KELLY BUENDIA, DAVID J. RUDERMAN,Deputy City Clerk/Acting Secretary Interim City Attorney

071613 lakeport city council agenda

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