100113 lakeport city council agenda packet

7/29/2019 100113 Lakeport City Council Agenda Packet

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

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

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

II. PLEDGE OF ALLEGIANCE:

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

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

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

action arose subsequent to the Agenda being posted.

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

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

Calendar portion of this agenda.

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

meeting for either introduction or passage per Government Code Section 3693B. Warrants: Approve warrant register from September 18, 2013.

C. Minutes: Approve minutes of the regular City Council meeting of September 17, 2013.

D. Grand Jury Report Review and approve the Citys response to the 2012-2013 Lake County Civil Gr

Jury Oversight report regarding the Lakeport Police Department.

E. Application 2013-017 Approve Application 2013-017 for the Clear Lake High School Homecoming pa

on October 11, 2013.

F. Application 2013-018 Approve Application 2013-018 for the Harvest Revelation Block Party on Mello

Drive, sponsored by the Eternally Wired Youth Ministry on October 31, 2013.

V. PUBLIC PRESENTATIONS/REQUESTS:

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

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

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

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

appear on the printed agenda.

VI. COUNCIL BUSINESS:

A. Public Works Director

1. Sewer Service Charge

Implementation

Adopt a resolution to change the date of monthly service charge increases for

sewer rates from January 1, 2014 to July 1, 2014.

VII. CITY COUNCIL COMMUNICATIONS:

A. Miscellaneous Reports, if any:

VIII. ADJOURNMENT: Adjourn

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

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

staffs ability to post the documents before the meeting.

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

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

accommodations are provided.

_______________________________________

Hilary Britton, Acting Deputy City Clerk

AGENDAJOINT MEETING OF THE LAKEPORT CITY COUNCIL, AND THE CITY O

LAKEPORT MUNICIPAL SEWER DISTRICTTuesday, October 01, 2013

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


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I. CALL TO ORDER & ROLL CALL: Mayor Engstrom called the Joint Meeting of the Lakeport City Council, The

Lakeport Redevelopment Successor Agency, and the City of Lakeport Municipa

Sewer District to order at 6:00 p.m. with Council members Mattina, Parlet, and

Spillman present. Council member Scheel was absent.

II. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Lakeport Police Officer Basor.

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

Mattina,and unanimously carried by voice vote, with Council member Scheelabsent, to accept agenda as posted.

Urgency Items: There were no urgency items.

IV. CONSENT AGENDA: For this Joint meeting, Lakeport City Council members are also serving as Directors of the Lakeport RedevelopmeSuccessor Agency and the City of Lakeport Municipal Sewer District.

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 August 21, 2013, and September 6, 2013.

C. Minutes: Approve minutes of the regular City Council meeting of September 3, 2013.

D. Building Permit Report Review and file Building Permit Reports from August 2013.

E. Conflict of Interest Policy Adopt a revised Conflict of Interest policy for the City of Lakeport.

F. City Manager Contract Approve revisions to the Agreement for Services with City Manager Margaret

Silveira.

G. Recognized Obligation Payment

Schedule 13-14B

Approve Redevelopment Successor Agency Recognized Obligation Payment

Schedule (ROPS) 13-14B.

Vote on Consent Agenda: A motion was made by Council member Mattina, seconded by Council membeParlet,and unanimously carried by voice vote, with Council member Scheelabsent, to approve the consent calendar items A-G, as presented.

V. PUBLIC PRESENTATIONS/REQUESTS:

A. Citizen Input: There was no citizen input.

B. POST Executive Certificate Police Chief Brad Rasmussen was presented his POST Executive Certificate by

Karen Lozito, Senior Law Enforcement Consultant with the Commission on Pea

Officer Standards and Training (POST).

C. Introduction of New Employee Police Chief Rasmussen introduced Officer Angela Bell as the newest employee

the Police Department.

VI. COUNCIL BUSINESS:A. City Attorney

1. Senior Mobile Home Rent

Control Initiative

Interim City Attorney Ruderman presented the 30 day report required under

Elections Code section 9212 analyzing the Senior Mobile Home Rent Control

Initiative, and responded to questions from the Council.

Mayor Engstrom called for comments from the public.

Nelson Strasser, William Eaton, Maria Teeter, John Mitchell, Richard Forbes an

Joyce Pearson spoke in favor of placing the initiative on the ballot.

Mary Ann McQueen, Bill Cline, and Doug Johnson spoke against placing the

initiative on the ballot.

A motion was made by Council member Mattina, seconded by Mayor Engstrom

MINUTESJOINT MEETING OF THE LAKEPORT CITY COUNCIL, THE LAKEPORT REDEVELOPMENT

SUCCESSOR AGENCY, AND THE CITY OF LAKEPORT MUNICIPAL SEWER DISTRICTTuesday, September 17, 2013


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City Council Agenda of September 17, 2013 Page 2

and unanimously carried by roll call vote, to receive the Interim City Attorneys

report required under Elections Code section 9212 on the Senior Mobile Home

Rent Control Initiative; and adopt a resolution to place the measure on the bal

The roll call vote was as follows;

Ayes: Mayor Engstrom, Council members Mattina, Parlet, and Spillman

Noes: None

Abstaining: None

Absent: Council member Scheel

BREAK Mayor Engstrom called for a five minute break at 7:10 p.m., the meeting resum

at 7:15 p.m.

B. Finance Director

1. Pension Side Fund Finance Director Buffalo presented the staff report requesting the Council toadopt a resolution authorizing the execution and delivery of a Loan Agreement

refinance outstanding side fund obligations of the City to the California Public

Employees Retirement System, and direct the filing of a Judicial Validation Act

with respect thereto and providing other matters relating thereto.

Cameron Weist, Bond Counsel, provided additional information to the Council

Mike Meyer of P2 Capital Advisors, answered questions of the Council.

A motion was made by Council member Mattina, seconded by Council membe

Spillman,and unanimously carried by voice vote, with Council member Scheelabsent to adopt a resolution authorizing the execution and delivery of a Loan

Agreement to refinance outstanding side fund obligations of the City to the

California Public Employees Retirement System, and direct the filing of a Judic

Validation Action with respect thereto and providing other matters relating

thereto.

C. Planning Services Manager

1.

Mobile Catering Time LimitWaiver Planning Services Manager Britton presented the staff report recommendingapproval of the time limit waive application submitted by the owners of Hey ..

Dog mobile catering business.

Joey DiDonato, applicant, answered questions of the Council.

Mayor Engstrom called for comments from the public.

Nancy Ruzika, owner of the High Street Shopping Center, expressed concerns

regarding the aesthetic appearance of the cart, and the number of hours in on

place.

A motion was made by Council member Spillman, seconded by Council membe

Mattina,and unanimously carried by voice vote, with Council member Scheelabsent to approve the application for a Time Limit Waiver submitted by the

HeyHot Dog mobile catering business, as amended.

Amendments are as follows:

1. Changes to recommended conditions item 1.b.: applicant must be 23foot distance from bus stop red zone.

2. Changes to recommended conditions item 1.c.: strike last part ofsentence. Corrected sentence to read: The applicant shall not park t

hot dog cart's tow vehicle on Main Street or other areas designated fo

two-hour parking.

3. Add a condition (item 1.e.) that the Time Limit Waiver is subject toCouncil review annually, preferably as a Consent Agenda item.

VII. CITY COUNCIL COMMUNICATIONS:


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City Council Agenda of September 17, 2013 Page 3

A. Miscellaneous Reports, if any: Council member Spillman reported that Kathy Windrem will be leaving the

Lakeport Main Street Association in November.

Council member Mattina reported out of the APC meeting that Caltrans work o

Highway 29 will be coming in the next few years. Lake Transit buses are runni

again. She attended a neighborhood watch meeting for North Main Street. Th

group is interested in hosting a National Night Out block party. She will be

attending the League of California Cities Conference this week.

Council member Parlet will be attending the League of California Cities

Conference, and is looking forward to the seminars and team building.

Planning Services Manager Britton reported that the Regional Housing Needs

Allocation Formula was approved at APC last week with a slight decrease in low

income housing designation. He also reported on Water Board meeting relate

to the storm water permit.

Chief Rasmussen will be attending the League Conference.

City Engineer Harter will be out at jury duty this week.

Finance Director Buffalo will be attending the League Conference. The financia

year end reports will be presented in November after the audit.

Public Works Director Brannigan attended a meeting related to automated

controls at the water treatment plant as part of the USDA projects. Hartley

Street will be striped tomorrow.

City Attorney Ruderman had no report.

City Manager Silveira reported that she will be attending the League Conferenc

and that Kelly Buendia will be Acting City Manager in her absence.

Mayor Engstrom had no report.

VIII. ADJOURNMENT: Mayor Engstrom adjourned the meeting at 8:16 p.m.

_______________________________________

THOMAS ENGSTROM, Mayor/Chair

_______________________________________

KELLY BUENDIA, Acting City Clerk/Secretary


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Meeting Date: 10/01/2013 Page 1 Agenda Item #IV.D.

CITY OF LAKEPORT

City CouncilCity of Lakeport Municipal Sewer District

STAFF REPORT

RE: Response to Grand Jury Oversight of Lakeport Police Dept. MEETING DATE: 10-01-2013

SUBMITTED BY: Chief Brad Rasmussen & City Manager Margaret Silveira

PURPOSE OF REPORT: Information only Discussion Action Item

WHAT IS BEING ASKED OF THE CITY COUNCIL/BOARD:

The City Council is being asked to review and approve the City's response to the 2012-2013 Lake CountyCivil Grand Jury Oversight report regarding the Lakeport Police Department.

BACKGROUND:

The 2012-2013 Lake County Civil Grand Jury conducted an oversight of the Lakeport Police Departmentand made 5 findings and 4 recommendations. The findings and recommendations are outlined in theattached Grand Jury report titled Lakeport Police Department Oversight. The Grand Jury has requested aresponse from the Lakeport Police Department and the Lakeport City Council.

DISCUSSION:

The Police Chief and City Manager carefully reviewed and considered the findings and recommendations ofthe Grand Jury and drafted a response regarding them.

OPTIONS:Approve city response letter as submitted or request staff to make modifications.

FISCAL IMPACT:

None $ Account Number: Comments:

SUGGESTED MOTIONS:

Move to approve the response letter as submitted and authorize the Mayor and staff to sign.

Attachments: Attachment 1: 2012-2013 Lake County Civil Grand Jury oversight report of theLakeport Police Department.

Attachment 2: Draft of City response letter to the Lake County Civil Grand Jury


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ATTACHMENT 2

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

September 26, 2013

The Honorable Steven O. Hedstrom

Presiding Judge of the Superior Court

County of Lake Grand Jury

P.O. Box 1078

Kelseyville, CA 95451

RE: CITY OF LAKEPORT RESPONSE TO THE FY 2012/2013 LAKE COUNTY CIVIL GRAND JURYFINAL REPORT

Dear Mr. L.M. (Sonny) Sweigert and Members of the Grand Jury:

Thank you for your time and service to the 2012-2013 Lake County Civil Grand Jury.

With regard to the Lakeport Police Department (LPD) Oversight, below please find a response

to findings:

F1-R1. Although LPD budget allocations have declined in recent years and sworn staffing is at a

reduced level the department has reorganized and increased community policing programs in

order to continue to provide effect police coverage and safety to the Lakeport community.

Searching for available grants is an ongoing process for LPD. In fact, the LPD in the past 12

months has researched, applied for, and received Indian Gaming Funds, Federal US Department

of Justice Body Armor Funds, Board of State and Community Correction Funds for increased

Felony enforcement.

F2-R2. Although the school resource officer was unfilled for the 2012-13 fiscal year, the

program remains funded and the City is currently recruiting and training officers and anticipates

filling this position in the near future. The Police department continues to provide service to theLakeport Unified School District whenever possible.

F3-R3. Despite the loss of the canine the police department continues to make efforts to

eradicate drugs in the schools and community by enforcement and education. The LPD is

currently researching opportunities to reinstitute the canine program, through community

funding or possibly assets forfeiture funds.

F4-R4. LPD is researching and will look into implementing the YANA program when possible.

CITY OF LAKEPORTOver 100 years of communitypride, progress and service


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ATTACHMENT 2

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

(707) 263-8584

F5. In January 2013, the City Council authorized filling a vacant police position bring the total

number of full time sworn positions to 10.

We appreciate the efforts of the Grand Jury and hope that the above responses clarify your

questions.

Sincerely,

____________________________________ ______________________________

Thomas Engstrom, Margaret Silveira

Mayor City Manager

_____________________________________

Brad Rasmussen

Police Chief


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From: Pheakdey Preciado

To: Janel Chapman

Cc: Barbara Loveless; James Scott

Subject: RE: App 2013-017 - CLHS Homecoming Parade

Date: Wednesday, September 18, 2013 8:45:39 AM

Good Morning Janel,

Our office has no problems-no food is being proposed.

Thank you,

pheakdey

From: Janel Chapman [mailto:[email protected]]Sent: Tuesday, September 17, 2013 2:23 PMTo: Barbara Loveless; Cheryl Bennett; Cheryl Smart; Dale Stoebe; Doug Grider; Ellen Dills; JasonFerguson; Jim Kennedy; Kevin Odom; Linda Sobieraj; Lori Price; Management Team; PheakdeyPreciado; Tina Banuet

Subject: App 2013-017 - CLHS Homecoming Parade

Please find attached application 2013-17 for the Clear Lake High School Homecoming parade

on 10/11/2013.

This application will be considered at the 10/01/2013 City Council meeting, so please have

your comments back to me no later than 09/25/2013.

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]
mailto:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]


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From: Lori Price

To: Janel Chapman

Subject: RE: App 2013-017 - CLHS Homecoming Parade

Date: Tuesday, September 17, 2013 2:48:58 PM

Good afternoon Hilary,

Thank you for the opportunity to comment on this event. I have reviewed the

application and it does not appear that this parade will impact County roads in any

way. We therefore have no official comments to add to this application.

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: Tuesday, September 17, 2013 2:23 PMTo: Barbara Loveless; Cheryl Bennett; Cheryl Smart; Dale Stoebe; Doug Grider; Ellen Dills; JasonFerguson; Jim Kennedy; Kevin Odom; Linda Sobieraj; Lori Price; Management Team; PheakdeyPreciado; Tina BanuetSubject: App 2013-017 - CLHS Homecoming Parade

Please find attached application 2013-17 for the Clear Lake High School Homecoming parade

on 10/11/2013.

This application will be considered at the 10/01/2013 City Council meeting, so please have

your comments back to me no later than 09/25/2013.

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]
mailto:[email protected]:[email protected]:[email protected]:[email protected]


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From: Mark Ferguson

To: Janel Chapman

Cc: Kelly Buendia; Doug Grider

Subject: RE: Certificate of Coverage - Parade Application

Date: Thursday, September 19, 2013 9:39:11 AM

Hilary,

The additional insured coverage is not acceptable with the wording of respects to the sole

negligence of Lakeport School District. If there was an accident and the district wasnt 100% at

fault, the city would not have coverage from this policy.

Mark Ferguson

REMIF

From: Janel Chapman [mailto:[email protected]]Sent: Wednesday, September 18, 2013 11:45 AMTo: Mark Ferguson ([email protected])Cc: Kelly Buendia; Doug GriderSubject: Certificate of Coverage - Parade Application

Hi Mark,

Please find attached a certificate of coverage submitted to the City by the Lakeport Unified

School District as part of their application to hold a parade on City streets.

The City is named as the certificate holder, but on the endorsement page (pg 3 of the

attachment) for Additional Covered Party it is noted that The City of Lakeport is included as

an Additional Covered Party but only as respects to the sole negligence of Lakeport Unified

School District.

Is this sufficient coverage for this type of event? If not, what should we require from the

District?

Please let me know what you think. This is scheduled to go before the City Council for

approval on 10/01/2013, so I would need your reply by 09/25/2013.

Thank you in advance for your assistance,

Hilary Britton

On behalf of:


City of Lakeport

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


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From: Police Chief

To: Janel Chapman

Cc: Executive Management; Jason Ferguson;Lou Riccardi;Jarvis Leishman; Dale Stoebe; Kevin Odom

Subject: Re: App 2013-017 - CLHS Homecoming Parade


No police concerns. Police will need 4 staff or volunteers to assist public works withtraffic controls.

Fiscal impact to police is approximately $408.00.

Brad RasmussenChief of Police

On Sep 17, 2013, at 2:27 PM, "Janel Chapman" wrote:

Please find attached application 2013-17 for the Clear Lake High School

Homecoming parade on 10/11/2013.

This application will be considered at the 10/01/2013 City Council meeting, so

please have your comments back to me no later than 09/25/2013.

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


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From: Pheakdey Preciado

To: Janel Chapman

Cc: James Scott; Barbara Loveless

Subject: RE: Application 2013-018 - Harvest Revelation Block Party

Date: Friday, September 20, 2013 4:10:07 PM

Good Afternoon Janel,

Our office has no problems with the candies. The candies must be prepackaged, non-potentially

hazardous, and must be obtained from an approved source.

Thank you,

pheakdey

From: Janel Chapman [mailto:[email protected]]Sent: Thursday, September 19, 2013 5:04 PMTo: Barbara Loveless; Cheryl Bennett; Cheryl Smart; Dale Stoebe; Doug Grider; Ellen Dills; ExecutiveManagement; Jason Ferguson; Jim Kennedy; Kevin Odom; Linda Sobieraj; Lori Price; Pheakdey

Preciado; Tina BanuetSubject: Application 2013-018 - Harvest Revelation Block Party

Please find attached application 2013-018 from the Eternally Wired Youth Ministries for

their 2nd Annual Harvest Revelation event on 10/31/2013.

Since they will once again be requesting street closures on 19th street and Hartley, as well

as 20th and Mellor (see map), the applicant is being required to obtain permission from the

neighbors affected. They will collect signatures from the neighborhood, and submit these to

the City Council, if requested.

I would like to try to get this on the agenda for the 10/01/2013 Council meeting if possible,

so please get your comments back to me by close of business on 09/25/2013.

Since this is only the second year that this event has been proposed, please be sure to let

me know of any issues that may have arisen from last years event that may need to be

addressed.

Thank you,

Hilary Britton

On behalf of:


City of Lakeport

225 Park Street

Lakeport, CA 95453
mailto:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]


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From: Police Chief

To: Janel Chapman

Cc: Doug Grider

Subject: Re: Application 2013-018 - Harvest Revelation Block Party


No police concerns. No issues with event last year. No fiscal impact to Police.

Brad RasmussenChief of Police

On Sep 19, 2013, at 5:04 PM, "Janel Chapman" wrote:

>> Please find attached application 2013-018 from the Eternally Wired Youth Ministries for their 2ndAnnual Harvest Revelation event on 10/31/2013.>> Since they will once again be requesting street closures on 19th street and Hartley, as well as 20thand Mellor (see map), the applicant is being required to obtain permission from the neighbors affected.They will collect signatures from the neighborhood, and submit these to the City Council, if requested.

>> I would like to try to get this on the agenda for the 10/01/2013 Council meeting if possible, so pleaseget your comments back to me by close of business on 09/25/2013.>> Since this is only the second year that this event has been proposed, please be sure to let me knowof any issues that may have arisen from last years event that may need to be addressed.>> 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]>> >
mailto:/O=LAKEPORT/OU=FIRST%20ADMINISTRATIVE%20GROUP/CN=RECIPIENTS/CN=POLICECHIEFmailto:[email protected]:[email protected]:[email protected]:[email protected]:/O=LAKEPORT/OU=FIRST%20ADMINISTRATIVE%20GROUP/CN=RECIPIENTS/CN=POLICECHIEF


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Meeting Date: 10/01/2013 Page 1 Agenda Item #VI.A.

CITY OF LAKEPORTCity Council

Lakeport Redevelopment AgencyCity of Lakeport Municipal Sewer District

STAFF REPORTRE: Delay of Monthly Sewer Service Charge Implementation MEETING DATE: 10/01/2013

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 City Council/CLMSD Board is being asked to authorize a Resolution that delays the date of monthlyservice charge increases from January 1st to July 1st for sewer rates.

BACKGROUND:

On October 2, 2012 the City Council/CLMSD Board adopted Resolution No. 2463 (2012) whichestablished new rates, fees, and charges for sewer services. The Council gave direction to staff to postponethe implementation date for the rate increase to July 1, 2013, and look into ways to assist the commercialcustomer classification for the required volume charge. At the July 16, 2013 Council meeting Resolution No.2478 (2013) was passed to provide the commercial customer with 10 units of usage before a volume chargewas applied. Although Council directed the initial sewer rate increase to occur on July 1, 2013, its directionto staff regarding the future annual increases was ambiguous and Resolution No. 2463 (2012) andResolution No. 2478 (2013) included January 1, 2014 as the next scheduled increase.

DISCUSSION:

Under Resolution No. 2463 (2012) and Resolution No. 2478 (2013), the next scheduled rate increase willoccur on January 1, 2014. This increase is six months from the initial July 1, 2013 rate increase. Theproposed Resolution provides a full 12 months between the July 1, 2013 implementation of the sewer rateincreases by amending Resolution No. 2463 (2012) and Resolution No. 2478 (2013). The proposedResolution would provide an additional six months and have the proposed rate increase on July 1, 2014 andcontinuing on July 1 thereafter through 2017.

Because the proposed Resolution does not change the amount of the sewer charge and only delays when theapproved increases occur, it does not constitute a rate increase that would trigger a Proposition 218proceeding.

OPTIONS:

Adopt the proposed Resolution amending Resolution No. 2463 (2012) and Resolution No. 2478 (2013) toallow for the 1 year interval before the next sewer rate increases.

Keep the current Resolutions in force with the next scheduled sewer rate increase scheduled for January 1,2014, with scheduled one year intervals afterwards.

FISCAL IMPACT:

None $ Account Number:


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Meeting Date: 10/01/2013 Page 2 Agenda Item #VI.A.

Comments: Adoption of this Resolution will delay the next schedule sewer rate increase until the nextfiscal year, and reduce the expected amount of revenue for this fiscal year.

SUGGESTED MOTIONS:

Move to adopt the proposed Resolution and amend Resolution No. 2463 (2012) and Resolution No. 2478(2013) providing an additional six months before the next sewer rate increase, continuing annually thereafterthrough 2017.

Attachments: Attachment 1: Resolution No. 2463 (2012)

Attachment 2: Resolution No. 2478 (2013)

Attachment 3: Proposed Resolution No. ____(2013) Establishing Sewer rates, fees,and charges to delay the date of monthly service charge increases.


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120946.2

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) AND RESOLUTION NO.2478 (2013) ESTABLISHING SEWER RATES, FEES AND CHARGES

TO DELAY THE DATE OF MONTHLY SERVICE CHARGEINCREASES

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

WHEREAS, pursuant to Chapter 13.20 of the City of Lakeport Municipal Code, the CLMSDBoard of Directors must establish sewer fees by resolution;

WHEREAS, the CLMSD Board of Directors wishes to adopt sewer rates and charges thatare equitable and fairly distribute the burden of system costs among the various classes ofcustomers;

WHEREAS, the CLMSD Board of Directors wishes to adopt sewer rates and charges inconjunction with the proposed budgetary needs of the sewer collection and treatment utility;

WHEREAS, pursuant to Resolution No. 2463 (2012), the CLMSD Board of Directorsadopted sewer rates after notice and hearing pursuant to article XIII D, section 6, subdivision (a) of

the California Constitution, at which no majority protest occurred;

WHEREAS, the CLMSD Board of Directors amended Resolution No. 2463 (2012) on July16, 2013 to reduce rates for the volumetric charge for commercial customers under Resolution No.2478 (2013);

WHEREAS, the CLMSD Board of Directors authorized the initial increase in monthlyservice charges to begin on July 1, 2013 under Resolution No. 2463 (2012);

WHEREAS, the CLMSD Board of Directors desires the next monthly service chargeadjustment to occur after 12 months and therefore to begin on July 1, 2014, and increasing each yearthereafter through July 1, 2017;

WHEREAS, a public hearing was held on October 1, 2013, to consider the proposed delayof yearly monthly service charge increases for six months; and

WHEREAS, the sewer rates, fees, and charges adopted by this Resolution No. ____ (2013)are not an increase in rates, but instead serve only to delay the yearly increases authorized byResolution No. 2463 (2012).

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Resolution No. ____ (2013) Page 2120946.2

NOW, THEREFORE, BE IT RESOLVED THAT:

The City Council of the City of Lakeport, sitting as the governing body of the City ofLakeport Municipal Sewer 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 City Council (CLMSDBoard);

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

2. FINDINGS

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 ofcost among the various classes of customers;

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

c. The proposed sewer rates and charges meet the revenue requirements necessary to

adequately operate the sewer utility system;

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

3. SEWER USER RATES

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

A. Single-Dwelling Unit Residential Customers

1. Applicable to Single-Dwelling Unit Residential Customers, duplexes, triplexes, andmobile homes.

2. Monthly Service Charge shall be effective as follows:

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Resolution No. ____ (2013) Page 3120946.2

B. Schedule B Apartments

1. Applicable to apartments.

2. Monthly Service Charge shall be effective as follows:

C. Schedule D Commercial Customers

1. Applicable to commercial, industrial, governmental, temporary construction, and anyother sewer service for which no rate schedule is specified.

2. Monthly Service Charges shall be effective as follows:

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

North Amount: $53.25 $62.52 $70.07 $74.25 $74.25

South Amount: $55.60 $65.00 $70.07 $74.25 $74.25

3. Volume Charge

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

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

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

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), asamended by Resolution No. 2478 (2013), remain in full force and effect.

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

North Amount: $53.25 $62.52 $70.07 $74.25 $74.25

South Amount: $55.60 $65.00 $70.07 $74.25 $74.25

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

North Amount: $42.40 $49.30 $54.00 $57.25 $57.25

South Amount: $42.70 $49.80 $54.00 $57.25 $57.25

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This resolution was considered at a public hearing held on October 1, 2013, and wasadopted by the CLMSD Board of Directors at a meeting held on October 1, 2013, by the followingvote:

AYES:

NOES:ABSTAINING:ABSENT:

_________________________________THOMAS ENGSTROM,Mayor / Acting Chairperson

ATTEST:

____________________________________KELLY BUENDIA,Acting City Clerk/Acting Secretary

ATTACHMENT 3

100113 lakeport city council agenda packet

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