072115 Lakeport City Council agenda packet

8/20/2019 072115 Lakeport City Council agenda packet

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

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

CLOSED SESSION: 5:00 p.m.

Conference with Legal Counsel; Existing Litigation (Gov. Code § 54956.9(d)(1)

The City Council finds, based on advice from legal counsel, that discussion in

open session will prejudice the position of the local agency in the litigation

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

Names of Parties: Plaintiff: City of Lakeport; Defendants: County of Lake, Offic

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

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

REPORT OUT OF CLOSED SESSION:

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

II. PLEDGE OF ALLEGIANCE:

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

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

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

take action arose subsequent to the Agenda being posted.

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

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

Consent Calendar portion of this agenda.

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

meeting for either introduction or passage per Government Code Section 369

B. Minutes: Approve minutes of the regular City Council meeting of July 7, 2015.

C. Rejection of Claim: Per REMIF, reject the claim of Irene Lopez.

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 tsubject is not already on tonight’s agenda. Persons wishing to address the City Council are required to comple

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

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

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

which do not appear on the printed agenda.

B. Introduction of New Employees Introduce the following new employees: Reanna Hoaglen, Gary Lowblad, Tom

Sheffer, and John Banuelos, Steven Edwards, and Dan Chance.

C. Introduction of Employees and

Volunteers of the Year

Introduce the following Employees and Volunteers of the Year: Carl Touros,

Rebekah Dolby, Martha Huerta and Jim Kennedy.

D. Finance Director Award Recognition of Finance Director Daniel Buffalo for a Certificate of Achievemen

for Excellence in Financial Reporting given by the Government Finance Office

Association for the City’s Comprehensive Annual Financial Report.

VI. COUNCIL BUSINESS:

A. Public Works Superintendent

1. Sandball Courts Change the Westside Park Phase II plan section from a BMX track and skate p

to sand courts and BMX pump track.

AGENDAREGULAR MEETING OF THE LAKEPORT CITY COUNCILTuesday, July 21 2015

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


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City Council Agenda of July 21, 2015 Page 2

B. Finance Director

1. Proposition 218 Resolution Adopt the resolution declaring the City Council’s intention to adopt increased

solid waste collection charges, setting a public hearing for September 15, 201

and directing staff to provide notice pursuant to Proposition 218. Adopt the

resolution adopting guidelines for the submission and tabulation of protests i

connection with the rate hearings under Proposition 218.

C. City Manager

1. Chalk Wall Accept proposed site for chalkboard or accept chalkboard at other City Counc

suggested location.

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 Clerk’s Office a

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

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

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

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

accommodations are provided.

_______________________________________

Janel M. Chapman, 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 MEETINGJuly 7, 2015

CLOSED SESSION: The meeting was called to order and adjourned to a closed session at

5:31 p.m. for Conference with Real Property Negotiator (Government Code §

54956.8): Property Address: 910 Bevins Street, Lakeport (APN 025-472-03);Agency Negotiator: City Manager; Negotiating Parties: City of Lakeport and

Lawrence Miller; Under Negotiation: Price

REPORT FROM CLOSED SESSION: The meeting reconvened to open session at 6:00 p.m. The Mayor reported

that no reportable action had been taken in closed session.

I. CALL TO ORDER:

ROLL CALL:

Mayor Scheel called the regular meeting of the City Council of the City of

Lakeport to order at 6:00 p.m. with Council Members Kenneth Parlet, Stacey

Mattina, Marc Spillman, and Mireya Turner present.

II. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Council Member Spillman.

III. ACCEPTANCE OF AGENDA: Item V.C. was pulled and will be agendized for a future meeting. A motion

was made by Council Member Spillman, seconded by Council Member

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

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

36934.

B. Warrants: Approve warrant registers from June 18, 2015, and July 1, 2015.

C. Minutes: Approve minutes of the special City Council meeting of June 11, 2015, and

the regular City Council meeting of June 16, 2015.

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

Member Turner, and unanimously carried by voice vote to approve theConsent Agenda as posted.

V. PUBLIC PRESENTATIONS/ REQUESTS:

A.

Citizen Input Wilda Shock introduced Morgen Wells, the new Community Outreach/Fund

Development Specialist at Sutter Lakeside Hospital.

Dennis Rollins provided an update on the Westside Community Park and

encouraged the Council to participate in Grillin’ on the Green.

B. Introduction of Intern Introduce Brittany Benner, new intern in the Administration Department.

C. Finance Director Award This item was pulled from the agenda and will be taken up at a future

meeting.

VI. APPEAL HEARING:

A.

Appeal of Planning Commission

Approval of Cell Phone Tower

This item is continued from the regular meeting of June 16, 2015. Jennifer

Blocker was present from Verizon and requested a 60-day continuance of

this item. The following spoke: Fred Figg, Susan King, Suzanne Lyons, Bob

Bridges, Donna Brice, Lea Passantino, and Nancy Ruzicka.

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

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

voting no, to grant a 60-day continuance per the request of the project

applicant for the purpose of evaluating alternative designs and locations.

This will come back as an agenda item on September 1, 2015.


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Minutes of the Lakeport City Council Meeting of July 7, 2015 Page

ATTEST APPROVED

____________________________________ ___________________________________________

JANEL M. CHAPMAN, City Clerk MARTIN SCHEEL, Mayor

VII. COUNCIL BUSINESS:

A. City Clerk

1. League Voting Delegate A motion was made by Council Member Parlet, seconded by Council

Member Spillman, and unanimously carried by voice vote to nominate

Mayor Pro Tem Mattina as the voting delegate and Council Member Turner

as the first alternate and Kenneth Parlet as the second alternate voting

delegate for the League of California Cities Annual Conference to be held

September 3 through October 2, 2015, in San Jose, California.

B. Community Development

Director

1. RFP for Housing Grant

Consulting Services

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

Member Parlet, and unanimously carried by voice vote to authorize staff to

proceed with sending out a Request for Proposals (RFP) for housing grant

consulting services.

VIII. CITY COUNCIL COMMUNICATIONS:

A. Miscellaneous Reports: Council Member Parlet and Mayor Scheel attended a Mayor and Council

Member Executive Forum in Monterey. There were several great sessions.

Council Member Parlet attended training and became a Certified Tourism

Ambassador.

Council Member Turner thanked staff for cleaning out the area where the

Duct Tape and Cardboard Regatta was held.

Council Member Mattina said appreciated the staff time that was taken to

make the park beautiful for the Fourth of July.

Mayor Scheel encouraged members to attend a future Mayor and Council

Member Executive Forum. He extended appreciation for the Police and

Public Works Departments for their great work over Fourth of July.

LAFCO meets next week. The City’s Sphere of Influence will be discussed.

Staff from the Community Development Department will be attending the

next Certified Tourism Ambassador Training.

Chief Rasmussen thanked Mayor Scheel and Council Member Turner as well

as public works staff and the City Manager for attending the Fourth of July

briefing. It was a smooth holiday weekend. Staff from the Sheriff,

Probation, and Highway Patrol Departments assisted us.

We are hoping to bring an Associate Planner in on Monday.

Public Works Director was amazed to see how clean the park looked on

Sunday morning. Doug will be attending the next Council meeting in Mark’s

absence.

City Manager Silveira thanked the Main Street Association for their Fourth of

July event.

IX. ADJOURNMENT: Mayor Scheel adjourned the meeting at 7:20 p.m.


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CITY OF LAKEPORT

City Council

City of Lakeport Municipal Sewer District

Lakeport Redevelopment Successor Agency

STAFF REPORT RE: Beach Handball – Westside Park, Phase II MEETING DATE: 07/21/2015

SUBMITTED BY: Mark Brannigan, Public Works Director

PURPOSE OF REPORT: Information only Discussion Action Item

WHAT IS BEING ASKED OF THE CITY COUNCIL/BOARD:

The City Council is being asked to consider changing a portion of the planned use of Westside Park, Phase II,

from a BMX track and skate park to sand courts and BMX pump track.

BACKGROUND/DISCUSSION:

The Lake County Team Handball group worked with the Westside Park Committee on changing the planning and

development of a portion of Phase II from a BMX track and skate park to sand courts and BMX pump track. The

group met with the Westside Park Committee throughout the year until a plan was developed and approved to

move it forward on April 1, 2015. The plan was then presented to the Parks and Recreation Commission on

April 2 and approved by the Commission to move the request forward to the City Council for consideration and

approval. The Lake County Team Handball group was charged with getting community support and to raise the

funds needed for engineering and development of the fields.

If the City Council chooses to approve the change of use for Phase II, the Lake County Team Handball group will

work to begin securing resources and work with City staff on the engineering, design, and development of thesand courts.

OPTIONS:

1. The City Council can approve the proposed changes to the West Side Park Phase II;

2. The City Council can request additional information be provided prior to approval, or;

3. The City council can deny the request.

FISCAL IMPACT:

None $ Budgeted Item? Yes No

Budget Adjustment Needed? Yes No If yes, amount of appropriation increase: $Affected fund(s): General Fund Water OM Fund Sewer OM Fund Other:

SUGGESTED MOTIONS:

Move to change the Westside Park Phase II plan section from a BMX track and skate park to sand courts and

BMX pump track.

Attachments: Plan View

Field overlay

Westside Park Phase II plan

Meeting Date: 07/2/2015 Page 1 Agenda Item #VI.A.1.


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CITY OF LAKEPORT

City Council



STAFF REPORT

RE: Initiation of Prop 218 Process—Solid Waste Rates, Fees, and

Charges

MEETING DATE: 07/21/2015

SUBMITTED BY: Daniel Buffalo, Finance Director



The Council is being asked to authorize the initiation of the Prop 218 process, notifying solid waste customers of

its intention to adopt increased rates under the new franchise agreement with the City’s solid waste hauler for

mandatory solid waste refuse collection.


As a requirement of Proposition 218, the City, in establishing initial rates for the mandatory collection of solid

waste, must notify customers of the proposed rates, provide a period of time for them to submit a written

protests, and hold a public hearing to receive comments from the community.

The proposed increase is necessary to address the rising costs of collecting, processing and disposing of solid

waste. These rates allow the City’s solid waste hauler, Lakeport Disposal, to recover the cost of providing service

to customers, including its 10 percent franchise fee, along with the City’s 4 percent administrative charge, whichfunds a portion of the City’s billing and collection costs. The remainder of the City’s administrative costs are

funded by the City’s general revenues and not passed through to ratepayers. Additionally, the proposed rate

increase includes an annual adjustment for changes in the San Francisco Bay Area Consumer Price Index for All

Urban Consumers, as reported in April of each year. These rates also allow Lakeport Disposal to pass through

future increases in “tipping charges” imposed by the County of Lake for depositing solid waste at the County

dump. The initial rates to be implemented for service commencing on January 1, 2016, are set forth in

Attachment A to the Proposition 218 Notice.

Staff is recommending initiating the Proposition 218 process, notifying customers of the proposed increase and

hearing by mail (“the protest period”), and scheduling the public hearing for September 15, 2015, at 6:00 p.m.

Following the protest period, the City will accept public comments at the public hearing. Written protests may

be submitted before or at this public hearing. They may be hand delivered, mailed to the City Clerk or

personally submitted at the City Council meeting prior to the close of the Public Hearing. To be valid, protests

must be in writing, state opposition to the proposed rate increase, and include the property owner’s or

customer’s name and address, as well as the parcel number or address of the property served. Protests must be

signed by the property owner or by the tenant directly responsible for payment of the fees subject to the

proposed increase. Only one protest will be counted per parcel. While oral comments at the public hearing are

welcome, those comments will not qualify as a valid written protest.

Meeting Date: 07/02/2015 Page 1 Agenda Item #VI.B.1.


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OPTIONS:

1. Approve and authorize the initiation of the Prop 218 process beginning with notification of all customers.

2. Do not approve but provide direction to staff.

FISCAL IMPACT:

None $1,500.00 Budgeted Item? Yes No

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

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

Comments: Costs related to the 218 process (estimated to be $1,500 for mailers and public notices) will be paid

for by the franchise trash hauler.

SUGGESTED MOTIONS:

1. Move to adopt the resolution declaring the City Council’s intention to adopt increased solid waste collection

charges, setting a public hearing for September 15, 2015, and directing staff to provide notice pursuant to

Proposition 218.

2. Move to adopt the resolution adopting guidelines for the submission and tabulation of protests in

connection with the rate hearings under Proposition 218.

Attachments: Attachment A: Proposition 218 Notice with Initial Rate Schedule

Attachment B: Resolution Noticing Public Hearing

Attachment C: Resolution Adopting Protest Procedures.

Meeting Date: 07/02/2015 Page 2 Agenda Item #VI.B.1.


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NOTICE OF PUBLIC HEARING

ON PROPOSED SOLID WASTE COLLECTION RATE INCREASE

Tuesday, September 15, 2015, at 6:00 p.m.

Council Chambers, 225 Park Street, Lakeport CA 95453

The City of Lakeport wishes to notify you of a Public Hearing of the City Council on

September 15, 2015, at 6:00 p.m. in the City Hall Council Chambers, 225 Park Street, Lakeport,

CA, to discuss proposed solid waste collection rate increases that, if approved, will commence

on January 1, 2016, and continue through December 31, 2020.

The City will accept public comments at the Public Hearing. Written protests may be

submitted before or at this Public Hearing. Written protests may be hand-delivered or mailed

to the City Clerk at City Hall, 225 Park Street, Lakeport CA 95453, or personally submitted at the

City Council meeting prior to the close of the Public Hearing. To be valid, protests must be in

writing, state opposition to the proposed rate increase, and include the property owner’s or

customer’s name and address, as well as the parcel number or address of the property served.Protests must be signed by the property owner or by the tenant directly responsible for

payment of the fees subject to the proposed increase. Only one protest will be counted per

parcel. While oral comments at the public hearing are welcome, those comments will not

qualify as a valid written protest.

The proposed increases are necessary to address the rising costs of collecting,

processing, and disposing of solid waste. The initial rates to be implemented for service

commencing on January 1, 2016, are set forth below. These rates allow Lakeport Disposal, the

City’s solid waste hauler, to recover the cost of providing service, including its 10 percent

franchise fee, along with the City’s 4 percent administrative charge, which funds a portion of

the City’s billing and collection costs. The remainder of the City’s administrative costs are

funded by the City and not passed through to ratepayers. In addition, the proposed rate

increase includes an annual adjustment for changes in the San Francisco Bay Area Consumer

Price Index for All Urban Consumers, as reported in April of each year. These rates also allow

Lakeport Disposal to pass through future increases in “tipping charges” imposed by the County

of Lake for depositing solid waste at the County dump.


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Attachment A

INITIAL RATE SCHEDULE

Lakeport Disposal

January 1, 2016

RESIDENTIAL COMMERCIAL

Regular billed service Regular billed service

Initial Rate Initial Rate

20 Gallon $ 14.87 20 Gallon (not offered for this class) $ - 32 Gallon $ 21.98 32 Gallon $ 21.63 95 Gallon $ 64.63 95 Gallon $ 64.87

Additional green waste $ 9.34 Additional green waste $ 11.14

Cardboard rental bin $ 56.96

Tipping fee pass-through: Tipping fee pass-through: (In the event of tipping fees imposed by the County

of Lake, each commercial and residential accountrec eiving mandatory service shall be subjec t to 0.5%increase to their current, regular billed service ratefor each tipping fee increase.)

(In the event of tipping fees imposed by the C ounty

of Lake, each commercial and residential accountrec eiving mandatory service shall be subject to 0.5%increase to their current, regular billed service ratefor each tipping fee increase.)

Regular/Long-term bin rentals Regular/Long-term bin rentals

Boxes: Boxes:Box rental, 14 or 16 yards $ 162.16 Box rental, 14 or 16 yards $ 162.16

Charge per dump $ 381.06 Charge per dump $ 381.06

Wood box rental, 14 or 16 yards $ 162.16 Wood box rental, 14 or 16 yards $ 162.16 per ton when dumped $ 30.30 per ton when dumped $ 30.30

Bins: Bins:1 yard bin 1 yard bin

1 x week $ 152.41 1 x week $ 152.41 2 x week $ 297.71 2 x week $ 297.71 3 x week $ 443.01 3 x week $ 443.01

2 yard bin 2 yard bin

1 x week $ 300.86 1 x week $ 300.86 2 x week $ 591.45 2 x week $ 591.45 3 x week $ 882.03 3 x week $ 882.03

2.5 yard bin 2.5 yard bin

1 x week $ 374.93 1 x week $ 374.93 2 x week $ 738.19 2 x week $ 738.19 3 x week $ 1,101.46 3 x week $ 1,101.46

Overfill per each estimated 1/2 yard $ 76.20 Overfill per each estimated 1/2 yard $ 76.20


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RESOLUTION NO. ___ (2015)

A RESOLUTION OF THE COUNCIL OF THE CITY OF LAKEPORT DECLARING

ITS INTENTION TO ADOPT INCREASED SOLID WASTE COLLECTION

CHARGES, SETTING A PUBLIC HEARING FOR SEPTEMBER 15, 2015, AND

DIRECTING STAFF TO PROVIDE NOTICE PURSUANT TO PROPOSITION 218

WHEREAS, the Legislature of the State of California, by enactment of Assembly Bill 939

of 1989 (Act) (California Public Resources Code Section 40000 et seq.), has declared that it is in

the public interest to authorize and require local agencies to make adequate provisions for solid

waste handling within their jurisdiction; and,

WHEREAS, the State of California has found and declared that the amount of solid waste

generated in California, coupled with diminishing landfill space and potential adverse

environmental impacts from landfilling and the need to conserve natural resources, have

created an urgent need for State and local agencies to enact and implement an aggressive,

integrated waste management program. The State has, through enactment of the Act, directedthe responsible state agency, and all local agencies, to promote landfill diversion and to

maximize the use of feasible waste reduction, recycling and composting options in order to

reduce the amount of solid waste that must be disposed of in landfills; and,

WHEREAS, pursuant to California Public Resources Code Section 40059(a)(2), the City

has determined that the public health, safety, and well-being require that a franchise

agreement be awarded to a qualified contractor for the collection of solid waste, recyclable

materials, and yard waste, and other services related to meeting the diversion goals, and other

requirements of the Act; and,

WHEREAS, the City intends to maintain reasonable rates and quality of service related

to the collection of solid waste, recyclable materials, and yard waste, the transportation of such

material to appropriate places of processing, recycling, composting, and/or disposal, and the

processing of recyclable materials and yard waste and other related services; and,

WHEREAS, Lakeport Disposal, Inc., (“Lakeport Disposal”) has submitted a plan to

provide solid waste, recyclable materials, and yard waste programs at reasonable costs to the

ratepayers of the City, and the City entered into an agreement (“Agreement”) with Lakeport

Disposal on May 19, 2015, based on the advantages of that plan. The Agreement is on file with

the City Clerk and available for public inspection; and,

WHEREAS, the Agreement, which provides for increases in solid waste collection rates,

is subject to the notice, protest and hearing requirements established under Proposition 218;and,

WHEREAS, these rate increases will help ensure the health and safety of the

community.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lakeport as

follows:

SECTION 1. The foregoing recitals and true and correct.

RESOLUTION NO. ______ (2015) Page 1


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SECTION 2. The City Council hereby initiates proceedings to adopt the solid waste rates

provided under the Agreement;

SECTION 3. The City Council hereby fixes the 15th day of September, 2015, at 6:00 p.m.

at the Chambers of the City Council, City Hall, 225 Park Street, Lakeport, California, as the time

and place for a public hearing (“Public Hearing”) on the proposed solid waste rate increases.

SECTION 4. The City Clerk is hereby instructed to provide notice of the proposed rate

increases in conformity with Proposition 218 and the Proposition 218 Omnibus Implementation

Act, California Government Code sections 53500 et seq.

SECTION 5. At the Public Hearing, the City Council shall consider all objections or

protests, if any, to the proposed rate increases, and any person shall be permitted to present

written or oral testimony. Although oral comments at the Public Hearing will not qualify as a

formal protest, the City Council welcomes community input during the Public Hearing.

SECTION 6. At the conclusion of the Public Hearing, all protests submitted and not

withdrawn will be tabulated in conformity with the City’s tabulation guidelines.

SECTION 7. A majority protest exists if protests are submitted in opposition to the

proposed rate increases by a majority (50% plus 1) of the property owners and solid waste

service customers. Although both property owners and solid waste service customers are

permitted to submit protests, only one protest shall be counted for each parcel.

SECTION 8. If there is a majority protest against the proposed rate increases, the City

Council shall not adopt the rate increases.

SECTION 9: This resolution will become effective immediately upon adoption.

The foregoing Resolution was passed and adopted at a regular meeting of the City

Council on the 21st day of July, 2015, by the following vote:

AYES:NOES:

ABSENT:

ABSTAINING:

_________________________________

MARTIN SCHEEL, Mayor

ATTEST:

________________________________

JANEL M. CHAPMAN, City Clerk

RESOLUTION NO. ______ (2015) Page 2


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RESOLUTION NO. ___ (2015)

A RESOLUTION OF THE COUNCIL OF THE CITY OF LAKEPORT ADOPTING

GUIDELINES FOR THE SUBMISSION AND TABULATION OF PROTESTS IN

CONNECTION WITH RATE HEARINGS CONDUCTED PURSUANT TO ARTICLEXIIID, SECTION 6 OF THE CALIFORNIA CONSTITUTION

WHEREAS, Article XIIID, Section 6 of the California Constitution requires the Council of

the City of Lakeport to consider written protests to certain proposed increases to utility

charges; and

WHEREAS, this constitutional provision does not offer specific guidance as to who is

allowed to submit protests, how written protests are to be submitted, or how the City is to

tabulate the protests.

THEREFORE, BE IT RESOLVED by the City Council of the City of Lakeport that whennotice of a public hearing with respect to the adoption or increase of water, wastewater, or

solid waste utility charges has been given by the City pursuant to Article XIIID, Section 6(a) of

the California Constitution, the following shall apply:

SECTION 1: Definitions. Unless the context plainly indicates another meaning was

intended, the following definitions shall apply in construction of these guidelines.

A. “Parcel” means a County Assessor’s parcel the owner or occupant of which is subject

to the proposed charge that is the subject of the hearing.

B. “Record customer” and “customer of record” mean (i) the person or persons whose

name or names appear on the City’s records as the person who has contracted for,or is obligated to pay for, utility services to a particular utility account or (ii) another

person who demonstrates to the reasonable satisfaction of the City Clerk that he,

she, or it is a tenant of real property directly liable to pay the proposed fee.

C. “Record owner” or “parcel owner” means the person or persons whose name or

names appear on the County Assessor’s latest equalized assessment roll as the

owner of a parcel.

D. A “fee protest proceeding” is not an election, but the City Clerk will maintain the

confidentiality of protests as provided below and will maintain the security and

integrity of protests at all times.

SECTION 2: Notice Delivery. Notice of proposed rates and public hearing shall be as

follows:

A. The City shall give notice of proposed charges via U. S. mail to all record owners and

customers of record served by the City

B. The City will post the notice of proposed charges and public hearing at its official

posting sites.

RESOLUTION NO. _______ (2015) Page 1


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SECTION 3: Protest Submittal.

A. Any record owner or customer of record who is subject to the proposed utility

charge that is the subject of the hearing may submit a written protest to the City

Clerk, by:

Delivery to the City Clerk’s Office at the City Hall, 225 Park Street, Lakeportduring published business hours

Mail to City Clerk, 225 Park Street, Lakeport CA 95453, or

Personally submitting the protest at the public hearing.

B. Protests must be received by the end of the public hearing, including those mailed

to the City. No postmarks will be accepted; therefore, any protest not actually

received by the close of the hearing, whether or not mailed prior to the hearing,

shall not be counted.

C. Emailed, faxed and photocopied protests shall not be counted

D.

Although oral comments at the public hearing will not qualify as a formal protest

unless accompanied by a written protest, the City Council welcomes input from the

community during the public hearing on the proposed charges.

SECTION 4: Protest Requirements.

A. A written protest must include:

(i) A statement that it is a protest against the proposed charge that is the

subject of the hearing.

(ii) Name of the record owner or customer of record who is submitting the

protest;(iii) Identity, by street address or utility account number, of the parcel with

respect to which the protest is made;

(iv) Original signature and legibly printed name of the record owner or customer

of record who is submitting the protest.

B. Protests shall not be counted if any of the required elements (i thru iv) outlined in

the preceding subsection “A.” are omitted.

SECTION 5: Protest Withdrawal. Any person who submits a protest may withdraw it by

submitting to the City Clerk a written request that the protest be withdrawn. The withdrawal of

a protest shall contain sufficient information to identify the affected parcel and the name of therecord owner or customer of record who submitted both the protest and the request that it be

withdrawn.

SECTION 6: Multiple Record Owners or Customers of Record.

A. Each record owner or customer of record of a parcel served by the City may submit a

protest. This includes instances where:



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(i) A parcel is owned by more than a single record owner or more than one

name appears on the City’s records as the customer of record for the

parcel, or

(ii) A customer of record is not the record owner, or

(iii)

A parcel includes more than one record customer, or

(iv) Multiple parcels are served via a single utility account, as master-metered

multiple family residential units.

B. Only one protest will be counted per parcel as provided by Government Code

Section 53755(b).

SECTION 7: Transparency, Confidentiality, and Disclosure.

A. To ensure transparency and accountability in the fee protest tabulation while

protecting the privacy rights of record owners and customers of record, protests will

be maintained in confidence until tabulation begins following the public hearing.

B. Once a protest is opened during the tabulation, it becomes a disclosable public

record, as required by state law.

SECTION 8: City Clerk.

The City Clerk shall not accept as valid any protest if he or she determines that any of

the following is true:

A. The protest does not state its opposition to the proposed charges.

B. The protest does not name the record owner or record customer of the parcel

identified in the protest as of the date of the public hearing.

C.

The protest does not identify a parcel served by the City that is subject to theproposed charge.

D. The protest does not bear an original signature of the named record owner of, or

record customer with respect to, the parcel identified on the protest. Whether a

signature is valid shall be entrusted to the reasonable judgment of the City Clerk,

who may consult signatures on file with the County Elections Official.

E. The protest was altered in a way that raises a fair question as to whether the protest

actually expresses the intent of a record owner or a customer of record to protest

the charges.

F.

The protest was not received by the City Clerk before the close of the public hearingon the proposed charges.

G. A request to withdraw the protest was received prior to the close of the public

hearing on the proposed charges.

SECTION 9: City Clerk’s Decisions Final. The City Clerk’s decision that a protest is not

valid shall constitute a final action of the City and shall not be subject to any internal appeal.



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SECTION 10: Majority Protest.

A. A majority protest exists if written protests are timely submitted and not withdrawn

by the record owners of, or customers of record with respect to, a majority (50%

plus one) of the parcels subject to the proposed charge.

B. While the City may inform the public of the number of parcels served by the Citywhen a notice of proposed rates is mailed, the number of parcels with active

customer accounts served by the City on the date of the hearing shall control in

determining whether a majority protest exists.

SECTION 11: Tabulation of Protests. At the conclusion of the public hearing, the City

Clerk shall tabulate all protests received, including those received during the public hearing, and

shall report the results of the tabulation to the City Council. If the total number of protests

received is insufficient to constitute a majority protest, the City Clerk may determine the

absence of a majority protest without validating the protests received, but may instead deem

them all valid without further examination. Further, if the number of protests received is

obviously substantially fewer than the number required to constitute a majority protest, theCity Clerk may determine the absence of a majority protest without opening the envelopes in

which protests are returned.

SECTION 12: Report of Tabulation. If at the conclusion of the public hearing, the City

Clerk determines that she will require additional time to tabulate the protests, she shall so

advise the City Council, which may adjourn the meeting to allow the tabulation to be completed

on another day or days. If so, the City Council shall declare the time and place of tabulation,

which shall be conducted in a place where interested members of the public may observe the

tabulation, and the City Council shall declare the time at which the meeting shall be resumed to

receive and act on the tabulation report of the City Clerk.

SECTION 13: This resolution will become effective immediately upon adoption.

The foregoing Resolution was passed and adopted at a regular meeting of the City

Council on the 21st day of July, 2015, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINING:

_________________________________

MARTIN SCHEEL, Mayor

ATTEST:

________________________________

JANEL M. CHAPMAN, City Clerk



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CITY OF LAKEPORT

City Council



STAFF REPORT

RE: Leadership Summit Chalk Board MEETING DATE: 07/21/2015

SUBMITTED BY: Margaret Silveira, City Manager



The City Council is being asked to consider a chalkboard


The Regional Economic Development Committee (the Committee) held the First Annual Leadership Summit.

This year’s Leadership Summit will be held at Marymount College on Friday, October 9.

As a lead in to the 2014 Summit, a chalkboard was painted on the south side of the building at 120 North Main

Street. This year the Committee is asking the City Council’s permission to use the north side of the City Hall

building facing the City Parking lot at Third and Park Streets.

The Committee plans to paint the wall with black chalkboard paint and stenciling for anyone to respond to the

question, I Love Lake County because…. The wall will then be painted back to its original white.

The Committee also commits to monitoring the postings on the wall. Last year there was some art and wordspainted/posted on the wall that were inappropriate for public view. Members of the committee were vigilant in

removing such posts and wiping them off the chalkboard.

OPTIONS:

1. Approve to the City Hall north wall site for the chalkboard.

2. Disapprove and give other options.

3. Deny request

4. No action

FISCAL IMPACT:

None $ Budgeted Item? Yes No

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

SUGGESTED MOTIONS:

Move to accept proposed site for chalkboard OR move to accept chalkboard at other City Council suggested

location.

Attachments: Photos of the 2014 Chalkboard

Meeting Date: 07/21/2015 Page 1 Agenda Item #VI.C.1.


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072115 Lakeport City Council agenda packet

Documents

Transcript of 072115 Lakeport City Council agenda packet