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AGENDA

REGULAR MEETING OF THE LAKEPORT CITY COUNCIL AND THE BOARD OF DIRECTORS OF THE CITY OF LAKEPORT MUNICIPAL SEWER DISTRICT
Tuesday, November 6, 2012 City Council Chambers, 225 Park Street, Lakeport, California 95453
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. II. III.

CALL TO ORDER & ROLL CALL: PLEDGE OF ALLEGIANCE: ACCEPTANCE OF AGENDA: Urgency Items:

6:00 p.m.

Move to accept agenda as posted, or move to add or delete 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 to take action arose subsequent to the Agenda being posted.
The following Consent Agenda items are expected to be routine and noncontroversial. They will be acted upon by the Council at one time without any discussion. Any Council Member may request that any item be removed from the Consent Agenda for discussion under the regular Agenda. Removed items will be considered following the Consent Calendar portion of this agenda.

IV.

CONSENT AGENDA:

A. B. C. D. E. V.

Ordinances: Warrants: Minutes: Rejection of Claim Building Permits Report

Waive reading except by title, of any ordinances under consideration at this meeting for either introduction or passage per Government Code Section 36934. Approve warrant register from October 24, 2012. Approve minutes of the regular City Council meetings of October 2, 2012 and October 16, 2012. Reject claim of David Mendoza upon advice of REMIF and City Attorney. Review and file Building Permit reports.

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 a 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 cannot take action or express a consensus of approval or disapproval on any public comments regarding matters which do not appear on the printed agenda.

B. C. D.

Presentation to Martial Arts Champions Presentations for Participation in the Disaster Preparedness Fair Presentation of Certificate of Recognition for Budget Preparation

Recognition to Jon nie Waner and Alicia Pea for excellence in martial arts. Presentations to Brunos Foods and Mendo Mill for partnership in the Annual Disaster Preparedness Fair Presentation to Finance Director, Dan Buffalo of a Certificate of Recognition for Budget Preparation from the Government Finance Officers Association.

VI.

COUNCIL BUSINESS: A. City Manager 1. Prepare a Response to the Lake County Board of Supervisors B. Community Development Director 1. Report and Recommendation From the Mobile Catering Ordinance Review Committee Consider the report and recommendation of the ad hoc Mobile Catering Ordinance Review Committee. Prepare a response to the Lake County Board of Supervisors request to meet to discuss the City of Lakeport looped water project, the South Main Street Annexation and the Lampson Field wastewater issue.

City Council Agenda of November 6, 2012

Page 2

C.

Administrative Services Director 1. Request to Lift Hiring Freeze for Budgeted Positions 2. Request for Police Lieutenant and Office Specialist Positions Approve the removal of the hiring freeze and allow staff to fill budgeted positions as vacancies occur. Move to approve the reorganization from three Police Sergeants to one Police Lieutenant and two Police Sergeants and authorize the internal promotional recruitment for the Lieutenant position. Move to approve hiring of a full-time Confidential Office Specialist. Approve an exemption from the hiring freeze for the for a Parks Maintenance Worker 1 position. Accept a ten percent payoff of approximately $700 in net funds from the sale of 707 Twentieth Street in Lakeport.

D.

Public Works Director 1. Hiring Freeze Exemption

E.

City Attorney 1. Housing Loan Short Sale Request 707 Twentieth Street

VII.

CITY COUNCIL COMMUNICATIONS: A. Miscellaneous Reports, if any: Pursuant to Government Code Section 54957, Public Employee Performance Evaluation: City Attorney. Pursuant to Government Code Section 54957.6 Conference with Labor Negotiator: Unrepresented Employees: City Manager and City Attorney. Pursuant to Government Code 54957, Public Employment Appointment: Planning Services Manager and Department Secretary.

VIII.

CLOSED SESSION:

IX. X.

REPORT FROM CLOSED SESSION: 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 225 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.

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

this 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 make reasonable arrangements to ensure accessibility to this meeting.

_______________________________________ Kelly Buendia, Deputy City Clerk

MINUTES
LAKEPORT CITY COUNCIL AND BOARD OF DIRECTORS OF THE CITY OF LAKEORT MUNICIPAL SEWER DISTRICT REGULAR MEETING
October 2, 2012

I.

CALL TO ORDER & ROLL CALL:

Mayor Mattina called the regular meeting of the City Council of the City of Lakeport and the Board of Directors of the Lakeport Municipal Sewer District to order at 6:00 p.m. with Council Members Roy Parmentier, Robert Rumfelt, Suzanne Lyons, and Tom Engstrom present. The Pledge of Allegiance was led by Fire Chief Wells. A motion was made by Council Member Parmentier, seconded by Council Member Rumfelt, and unanimously carried by voice vote to accept the agenda as presented.

II. III.

PLEDGE OF ALLEGIANCE: ACCEPTANCE OF AGENDA:

IV.

CONSENT AGENDA: A. B. C. D. Ordinances: Warrants: Minutes: Unrepresented Employees MOU Waive reading except by title, of any ordinances under consideration at this meeting for either introduction or passage per Government Code Section 36934. Approve warrant registers from September 12, 2012, and September 26. 2012. Approve minutes of the regular City Council meeting of September 18, 2012. Approve MOU with the City of Lakeport Unrepresented Employees. A motion was made by Council Member Engstrom, seconded by Council Member Rumfelt, and unanimously carried by voice vote to approve the Consent Agenda as posted.

Vote on Consent Agenda

V.

PUBLIC PRESENTATIONS/REQUESTS: A. Citizen Input: Lakeport Fire Chief Wells conveyed to the City Council the cooperation of the City of Lakeport, in particular the Police, Public Works, and specifically thanked Public Works Director Brannigan, City Engineer Harter, and Engineer Everhart for their assistance to the Fire Service with regards to the recent fire at the Lunas Building. Mayor Mattina thanked Chief Wells in turn for all the Fire Department does.

VI.

COUNCIL BUSINESS: A. Public Works Director Water and Sewer Resolutions Public Works Director Brannigan gave a presentation about the proposed water and sewer rate increase. The following spoke in opposition: Bob Bridges, John Sanderson, Debbie Blake, Arlin Pynski, Verna Shaffer, Joe Gossett, Liz Callahan, Dave Norris, Shirley Karnes, Mary Kay Haupman, Kim Beall, Keith Kirsch, Manny Rodrigues, Theresa Jackson, Mark Spillman, Martin Scheel, and Martha Ford. The following persons spoke but did not express opposition: Robert Karnes. Charles Witt spoke in favor. A motion was made by Council/Board Member Rumfelt, seconded by Council/Board Member Lyons, and unanimously carried by voice vote to approve resolution certifying the results of the protest hearing regarding proposed water and sewer rate increases. A motion was made by Council/Board Member Rumfelt, seconded by Council/Board Member Parmentier, and carried by voice vote, with Council/Board Member Engstrom opposing, to approve resolution rescinding Resolution Numbers 2144 (2003), 2267 (2006), 2270 (2006) and establishing water rates, fees and charges, with staff direction.

1. Resolution Certifying Protest Vote Results

2. Resolution Amending Water Rates

City Council Minutes of October 2, 2012

Page 2

3. Resolution Amending Sewer Rates

A motion was made by Council/Board Member Rumfelt, seconded by Council/Board Member Parmentier, and carried by voice vote, with Council/Board Member Engstrom opposing, to adopt resolution rescinding Resolution Numbers 2068 (2001), 2145 (2003), 2268 (2006), 2308 (2007), and 2317 (2008) and establishing sewer rates, fees and charges, with staff direction. A motion was made by Council/Board Member Parmentier, seconded by Council/Board Member Rumfelt, and unanimously carried by voice vote to authorize the expenditures, not to exceed $60,000, for the services needed to replace the granular activated carbon in two of the four vessels located at the Lakeport surface water treatment facilities. Chris Macedo and Kim Beall spoke but did not express opposition.

4. Carbon Filter Media Replacement

B.

Police Chief 1. Application No. 2012-022 A motion was made by Council Member Engstrom, seconded by Council Member Rumfelt, and unanimously carried by voice vote to approve Application No. 2012022 for Eternally Wired Youth Ministries to hold a Harvest Revelation on October 31, 2012, on Mellor Drive between Nineteenth and Twentieth Streets with staff recommendations. A motion was made by Council Member Rumfelt, seconded by Council Member Lyons, and unanimously carried by voice vote to adopt a resolution allocating funds from the Supplemental Law Enforcement Services Fund (SLESF) pursuant to a written request from the Chief of Police.

2. Resolution Allocating Funds from the SLESF

VII.

CITY COUNCIL COMMUNICATIONS: A. Miscellaneous Reports: Council Member Parmentier expressed concern regarding the graffiti tagging in the bathrooms in Library Park. He also advised that the cameras are not working in the Park. Lakeport Police Sgt. Stoebe advised he would look into the issue with the cameras. Finance Director Buffalo reported that the Internal Auditor was here this week. The exit report is good, with no findings. He will report with the completed audit in November. City Engineer Harter advised nothing new to report. Public Works Director Brannigan reported on the recycling trash cans in Library Park. He hopes to get additional cans in the next year. He also noted that the recent Splash In event was a success. He expressed appreciation for the cooperation of staff to help prepare for the event, and noted that similar preparation is involved for Oktoberfest. Community Development Director Knoll advised nothing new to report. City Attorney Steve Brooks advised nothing new to report City Manager Silveira reported on the recent Splash-In event, advising that she spoke with the promoters of the event, who advised that the City staff was very responsive to their needs. Council Member Lyons reported on the Branding workshop. She advised that while it was successful, more participation would be appreciated as only 11 citizens attended. Building Inspector Carlton advised nothing new to report.

VIII.

ADJOURNMENT:

Mayor Mattina adjourned the meeting at 8:38 p.m.

City Council Minutes of October 2, 2012

Page 3

ATTEST ____________________________________ KELLY BUENDIA, Deputy City Clerk

APPROVED ___________________________________________ STACEY MATTINA, Mayor

MINUTES
LAKEPORT CITY COUNCIL AND BOARD OF DIRECTORS OF THE CITY OF LAKEORT MUNICIPAL SEWER DISTRICT REGULAR MEETING
Tuesday, October 16, 2012

I.

CALL TO ORDER & ROLL CALL:

Mayor Mattina called the regular meeting of the City Council of the City of Lakeport and the Board of Directors of the Lakeport Municipal Sewer District to order at 6:00 p.m. with Council Members Roy Parmentier, Robert Rumfelt, Suzanne Lyons, and Tom Engstrom present. The Pledge of Allegiance was led by Kelly Buendia. A motion was made by Council Member Engstrom, seconded by Council Member Rumfelt to add the Application for Use of Public Areas by the Clearlake Club to the agenda as an urgency item. The motion was unanimously carried.

II. III.

PLEDGE OF ALLEGIANCE: ACCEPTANCE OF AGENDA:

IV.

CONSENT AGENDA: A. B. C. D. Ordinances: Warrants: Contract Change Orders - Parallel Drive Water Main Project Notice of Completion, Parallel Drive Water Main Project Application for Use of Public Areas by the Clearlake Club Vote on Consent Agenda Waive reading except by title, of any ordinances under consideration at this meeting for either introduction or passage per Government Code Section 36934. Approve warrant register from October 3, 2012. Review and approve Contract Change Orders (CCO1 and CCO2) for the Parallel Drive Water Main project. Receive the Notice of Completion and authorize the Mayor to sign it on behalf of the City and the City Clerk to cause it to be recorded at the County Recorders Office. Approve the Use of Public Areas Application submitted by the Clearlake Club. A motion was made by Council Member Rumfelt, seconded by Council Member Engstrom, and unanimously carried by voice vote to approve the Consent Agenda to include the added Urgency Item (item E).

E.

V.

PUBLIC PRESENTATIONS/REQUESTS: A. Citizen Input: Nancy Ruziicka, Lakeport, asked the Council to add an urgency item. She stated that the bids for the Senior Housing Project on Martin Street were closed within 3 days instead of the standard 30 days leaving no time for local contractors to bid. Ms. Ruziicka asked the City Council to enforce the use of local contractors in the project. City Manager Silveira commented that the project is not within the control of the city as no city funds were expended on the project. She stated that staff had discussed deferral of expansion fees and had a draft agreement prepared. The agreement would include provisions regarding the use of local contractors. The item was referred to staff to call the contractor and have some discussions on the issue and get more information. A motion was made by Council member Rumfelt, seconded by Council Member Lyons Suzanne and unanimously carried by voice vote to place the item on the next agenda. B. Presentation to Gary Basor, Police Officer of the Year Chief Rasmussen spoke about Officer Gary Basor who was honored as Officer of the Year by the Veterans of Foreign Wars.

City Council Agenda of October 16, 2012

Page 2

VI.

COUNCIL BUSINESS: A. City Engineer 1. Cooperative Work Agreement, Lakeshore Emergency Repair Project A motion was made by Council Member Lyons, seconded by Council Member Engstrom, and unanimously carried by voice vote to direct staff to submit a Cooperative Work Agreement request to Caltrans for the Lakeshore Boulevard Emergency Repair project and authorize the City Engineer to sign it on behalf of the City.

B.

Finance Director 1. Resolution Authorizing an Interfund Loan A motion was made by Council Member Parmentier, seconded by Council Member Lyons, and unanimously carried by voice vote approve Resolution of the City Council of the City of Lakeport authorizing an inter-fund loan from the general fund to the water fund for the purpose of funding the acquisition of certain real property (Green Ranch) and establishing the terms under which the loan will be repaid. Martin Scheel, Lakeport, commented on the item.

C.

City Manager 1. November 20, 2012 City Council Meeting A motion was made by Council Member Engstrom, seconded by Council Member Lyons, and unanimously carried by voice vote to Reschedule the November 20, 2012 City Council Meeting to November 27, 2012 due to City of Lakeport employee furloughs.

VII.

CITY COUNCIL COMMUNICATIONS: A. Miscellaneous Reports: Council Member Rumfelt spoke about speed bumps and would like to consider speed bumps or elevated crosswalks in any downtown improvements. Council member Rumfelt stated he would like the newspaper to do an article along with the Chief on pedestrian etiquette. He has seen many dangerous pedestrian activities. Council Member Rumfelt credited Mary Nolan for reminding him about the possibility of building a cultural center that could be used for meetings and conferences in partnership with local tribes. He would like the city to pursue this and recommended donating the city-owned property on Bevins Court. Staff was asked by the Council to explore the opportunity, Council Member Parmentier stated he would attend the Area Planning Council meeting on November 10, 2012. Police Chief Rasmussen announced that police staff conducted a disaster fair at Mendo Mill and participated in a safety fair at Kmart over the weekend. He also stated that the neighborhood watch program was ramping up. Public Works Director Brannigan announced a water leak on 11th street and there would be some street closures. He stated that crews would be working to get the damage fixed as soon as possible. He further announced storm drain repairs near the Yacht Club in upcoming weeks. City Manager Silveira announced that she would be out of the office Wednesday and Thursday October 24 and 25, 2012 at REMIF meetings. Councilmember Lyons commended Chief Rasmussen for his responsiveness to her concerns.

City Council Agenda of October 16, 2012

Page 3

Miscellaneous Reports cont.:

Council Member Engstrom stated he would be out of town during the November 6, 2012 City Council meeting. Mayor Mattina stated she had attended a Karate tournament in Lakeport and would like to honor the kids that won and did very well in Northern California. Administrative Services Director Buendia announced she would be representing the City at a job fair at the police academy on Saturday, October 20, 2012.

VIII.

CLOSED SESSION:

The meeting was adjourned to a closed session at 6:24 p.m. pursuant to Government Code Section 54957.6 Conference with Labor Negotiator: Unrepresented Employees: City Manager and City Attorney; pursuant to Government Code 54956.9(b), Conference with Legal Counsel Anticipated Litigation, one case and pursuant to Government Code 54957, Public Employment Appointment: Police Lieutenant and Office Specialist

IX.

REPORT FROM CLOSED SESSION:

The meeting reconvened to open session at 9:01 p.m. The Mayor reported that staff was given direction.

X.

ADJOURNMENT:

Mayor Mattina adjourned the meeting at 9:02 p.m.

ATTEST

APPROVED

____________________________________ KELLY BUENDIA, Deputy City Clerk

___________________________________________ STACEY MATTINA, Mayor

CITY OF LAKEPORT
City Council City of Lakeport Municipal Sewer District

STAFF REPORT
RE: Building Permit Report SUBMITTED BY: Community Development Department PURPOSE OF REPORT: Information only Discussion Action Item MEETING DATE: 11/06/12

WHAT IS BEING ASKED OF THE CITY COUNCIL/AGENCY/BOARD: The Council is being asked to review the Building Permit Report for informational purposes only. SUMMARY: Attached is a copy of the September building permit log and pending permits. The following are totals for Fiscal Year 2012/2013 for the Building Department: Number of Permits Construction Value Permit Revenue SUGGESTED MOTIONS: Receive and file monthly Building Permit Report for September. 44 $575,263.32 $30,858.44

Attachments:

Monthly Building Permit Report for September

Meeting Date:

Page 1

Agenda Item #

CITY OF LAKEPORT
City Council City of Lakeport Municipal Sewer District

STAFF REPORT
RE: Report and Recommendation From the Mobile Catering Ordinance Review Committee MEETING DATE: 11-6-12

SUBMITTED BY: Richard Knoll, Community Development Director PURPOSE OF REPORT: Information only Discussion Action Item

WHAT IS BEING ASKED OF THE CITY COUNCIL/BOARD: Consideration of the report and recommendation of the ad hoc Mobile Catering Ordinance Review Committee BACKGROUND: The ad hoc Mobile Catering Ordinance Review Committee consisting of Bob Rumfelt, Melissa Fulton, Richard Persons, and Richard Knoll met on 9-6-12 at 10:00 am and considered the following agenda: 1. Make no changes and continue to enforce the existing ordinance. 2. Require a more intensive application and review process for mobile vendors including the requirement for a public hearing before issuing a permit. 3. Consider a revision to the current City Ordinance and require more mobile vendor operational criteria dealing with, but not limited to the following: Public Property Bans. Ban vending on public property, such as on streets and sidewalks. Vendors subject to such bans must contract with private property owners to vend on their property and obtain a land use entitlement. Restricted Zones. Restrict the areas in which food trucks may operate. Restricted zones often include potentially lucrative areas, such as downtown commercial districts. Proximity Bans. Limit how close street vendors can park to certain types of businesses, typically brick-and-mortar restaurants. Proximity bans address the complaints of certain businesses who do not wish to have food trucks park near their place of business. Stop-and-Wait Restrictions (Ice Cream Truck Rules). Make it illegal for food trucks to stop and park in order to wait for customers. Instead, food trucks must be flagged down by a customer before they can park and serve the customer. Stop-and-wait restrictions make it difficult for food trucks to establish regular stops and develop relationships with customers. Duration Restrictions. Limit the amount of time mobile vendors can remain in one spot. For instance, in Chicago, a food truck may not sell food for more than two hours on any one block. 4. Consider other mobile vendor regulations such as a limit on the total number of mobile vendors that can operate in the City, provide for an annual discretionary review and approval process, require each vendor to have a GPS tracking device in order to assure compliance with location/duration standard.

Meeting Date: 11/06/2012

Page 1

Agenda Item #VI.B.1

DISCUSSION: The Committee had no desire to ban mobile vending on public property or establish restricted zones. The Committee does recommend a proximity ban, a restriction on food vendors setting up/parking on the street in front of or adjacent to restaurants and recommended that there be a required separation of at least two parallel parking spaces spaces or sixty feet from the food sevice/restaurant building corners and/or from food service /restaurant property corners. There was no interest in recommending stop and wait restrictions. The Committee does recommend an increase in duration restrictions and felt that the timeframe should be increased to be consistent with the existing parking restrictions of (2) two hours and to require that mobile vendors be required to maintain a written location/duration log for enforcement purposes that can be spot checked by City enforcement staff if necessary. OPTIONS: 1. Accept the Committee recommendations and take no action. 2. Accept the Committee recommendations and direct staff to prepare an ordinance amendment incorporating the same for City Council consideration and action. FISCAL IMPACT: None $ Account Number: Comments:

SUGGESTED MOTIONS: Motion to accept the ad hoc Mobile Vending Committee recommendations to impose a food service/restaurant proximity ban on mobile vendors/caterers and to increase the mobile vendor duration restriction from 1 hour to 2 hours with the requirement to maintain a location/duration log for enforcement purposes . Direct staff to prepare an amendment to Ordinance 890 (MC Chapter 5.20) and incorporate the recommended changes for consideration by the City Council.

Attachments:

8-21-12 CC Staff Report

Meeting Date: 11/06/2012

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Agenda Item #VI.B.1

******COPY*******

CITY OF LAKEPORT
City Council City of Lakeport Municipal Sewer District

STAFF REPORT
RE: Mobile Vending Regulations MEETING DATE: 08/21/2012 SUBMITTED BY: Richard Knoll, Community Development 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 background information regarding mobile food vending regulations and provide direction to staff. BACKGROUND: The City Council has requested background information from staff as to how other communities regulate mobile food vendor operations. The City of Lakeport does permit mobile catering on City streets subject to the issuance of a business license, compliance with County Health Department rules and compliance with the ordinance provisions set forth below. A City Business License for mobile catering costs $60 annually. Veterans are exempt from paying for a business license. The business license issuance is an administrative approval, there is no hearing or public review required, unless there is a proposed business license revocation action being pursued as a result of ordinance violations. There is no limitation on the total number of mobile caters in the City. There are currently two mobile hot dog vendors licensed and one operating downtown. There is one ice cream vendor in the City. There are two other licenses issued for operators that dont appear to be in business. There have been some recent issues with the one hot dog vendor who has been exceeding the one-hour time limitation. There has also been at least one downtown business owner who has complained about the hot dog vendor parking in front of a retail store. DISCUSSION: Below please find the City of Lakeport Mobile Catering Ordinance, a summary of mobile food vending regulations imposed by various communities in California, and some related information. Chapter 5.20 - MOBILE CATERING BUSINESSES 5.20.010 Mobile catering defined. Mobile catering means any retail sales of food stuffs conducted out of a motor vehicle, wagon or other mobile business unit. (Ord. 809 (part), 2001) 5.20.020 Permit required. A. A person shall be required to obtain a mobile catering business license prior to engaging in the mobile catering business in the city.
Meeting Date: 08/21/2012 Page 1 Agenda Item #VII.A.1.

B. Prior to the issuance of any mobile catering business license, the applicant for such a license shall furnish to the city, proof of compliance with all applicable state and county health department regulations and provide the City with copies of all required certificates or clearances. (Ord. 809 (part), 2001) 5.20.030 Parking regulations. Mobile caterers shall be legally parked at all times when stopped to do business in the city. The term legally parked as used in this ordinance shall mean a location where the mobile catering unit does not: A. Obstruct or interfere with the free flow of pedestrian traffic. In no case shall any mobile catering unit occupy any portion of a public sidewalk; B. Obstruct or interfere with the free flow of vehicular traffic; C. Obstruct or interfere with the free flow of pedestrian traffic to or from any business, public building, or private residence; D. Conflict with the California Vehicle Code or other city parking regulations; or E. Create a safety hazard. (Ord. 809 (part), 2001) 5.20.040 Location restrictions. A. Mobile caterers shall not stop for business for more than one hour in any one location. B. The term location as used in this subsection shall be defined as the distance of at least one city block from the last location occupied by the mobile catering unit. C. Mobile caterers shall not stop to conduct business in or on a street adjacent to any designated city park facility, unless authorized by written consent approved in advance by the City Council for a limited time frame only. (Ord. 809 (part), 2001) 5.20.050 Grounds for revocation of permit. A. The City Council shall revoke a mobile catering permit after two convictions for violations of this chapter in any twelve month period. B. The City Council shall, prior to any revocation, hold a noticed hearing and allow the mobile caterer to show good cause why his or her permit should not be revoked. (Ord. 809 (part), 2001) 5.20.060 Violation--Penalty. Violation of any of the provisions of this chapter shall constitute an infraction punishable by a fine not to exceed fifty dollars for a first violation; a fine not to exceed one hundred dollars for a second violation of the same provision within one year; and a fine not to exceed two hundred fifty dollars for each additional violation of the same provision within one year. (Ord. 809 (part), 2001) Attached is a list of 27 California Cities and a summary of their mobile vending provisions. OPTIONS: 1. Make no changes and continue to enforce the existing ordinance. 2. Require a more intensive application and review process for mobile vendors including the requirement for a public hearing before issuing a permit. 3. Consider a revision to the current City Ordinance and require more mobile vendor operational criteria dealing with, but not limited to the following: Public Property Bans. Ban vending on public property, such as on streets and sidewalks. Vendors subject to such bans must contract with private property owners to vend on their property and obtain a land use entitlement.
Page 2 Agenda Item #VII.A.1.

Meeting Date: 08/21/2012

Restricted Zones. Restrict the areas in which food trucks may operate. Restricted zones often include potentially lucrative areas, such as downtown commercial districts. Proximity Bans. Limit how close street vendors can park to certain types of businesses, typically brick-and-mortar restaurants. Proximity bans address the complaints of certain businesses who do not wish to have food trucks park near their place of business. Stop-and-Wait Restrictions (Ice Cream Truck Rules). Make it illegal for food trucks to stop and park in order to wait for customers. Instead, food trucks must be flagged down by a customer before they can park and serve the customer. Stop-and-wait restrictions make it difficult for food trucks to establish regular stops and develop relationships with customers. Duration Restrictions. Limit the amount of time mobile vendors can remain in one spot. For instance, in Chicago, a food truck may not sell food for more than two hours on any one block.

4. Consider other mobile vendor regulations such as a limit on the total number of mobile vendors that can operate in the City, provide for an annual discretionary review and approval process, require each vendor to have a GPS tracking device in order to assure compliance with location/duration standards, etc. FISCAL IMPACT: None $ Account Number: Comments:

SUGGESTED MOTIONS:

Attachments:

Responses from other cities regarding mobile food vendors Articles related to mobile vendors

Meeting Date: 08/21/2012

Page 3

Agenda Item #VII.A.1.

CITY OF LAKEPORT
City Council City of Lakeport Municipal Sewer District

STAFF REPORT
RE: Request to Lift Hiring Freeze for Budgeted Positions SUBMITTED BY: Kelly Buendia, Administrative Services Director PURPOSE OF REPORT: Information only Discussion Action Item MEETING DATE: 11/06/2012

WHAT IS BEING ASKED OF THE CITY COUNCIL/BOARD: The City Council is asked to remove the existing hiring freeze and allow staff to fill budgeted positions as vacancies occur. BACKGROUND: When the economy took dramatic downward turns, City revenues were dropping and the City Council was faced with the challenge of passing a balanced budget in the midst of much uncertainty. In August of 2008, the Council enacted a hiring freeze, where staff was required to seek City Council approval prior to hiring any position, budgeted or un-budgeted. In the ensuing four years, Council and staff have had opportunity to evaluate positions as they have vacated. This has led to an overall staff reduction and given way to reorganization. In 2012-2013, the City Council passed a balanced budget with newly organized staffing structure. DISCUSSION: With staffing now at minimum levels, the loss of any individual places a burden on departments and coworkers. There have been times when projects have been delayed due to combinations of illnesses and vacancies. The hiring process for government positions is quite involved. A non-safety position usually takes 12 weeks from the posting of a flyer until the employee's first day on the job. A safety position can take 16 or more weeks. Returning to City Council for permission to hire adds up to three (3) weeks to the process. Human Resources has made every effort to fast-track the process, while ensuring policies, regulations and best practices are observed. The City Council is asked to lift the hiring freeze for budgeted positions in order to ease the disruption of operations when vacancies occur. This would only be for positions included in the approved budget. The City Manager would continue to communicate staffing changes; would continue to return to the City Council with any new or unbudgeted positions; and would continue to evaluate vacant positions for monetary reasons or in order to consider other staffing options. OPTIONS: The City Council could leave the hiring freeze in place. FISCAL IMPACT: None $ Account Number: Comments:

SUGGESTED MOTIONS:
Meeting Date: 11/06/2012 Page 1 Agenda Item #VI.C.1

Move to approve the removal of the hiring freeze and allow staff to fill budgeted positions as vacancies occur.

Attachments:

Meeting Date: 11/06/2012

Page 2

Agenda Item #VI.C.1

CITY OF LAKEPORT
City Council City of Lakeport Municipal Sewer District

STAFF REPORT
RE: Approval of Police Lieutenant and Office Specialist Positions MEETING DATE: 11/06/2012 SUBMITTED BY: Kelly Buendia, Administrative Services Director and Brad Rasmussen, Chief of Police PURPOSE OF REPORT: Information only Discussion Action Item

WHAT IS BEING ASKED OF THE CITY COUNCIL/BOARD: The City Council is asked to authorize the Police Chief to restructure police management ranks from three Sergeants to two Sergeants and one Lieutenant and to authorize the hiring of a full-time Confidential Office Specialist for City Hall Departments. BACKGROUND: Vacancies have left specific needs within the Police Department and several departments at City Hall. DISCUSSION: Lieutenant: The Chief of Police is asking to re-structure the supervisory and management ranks within the department. Supervisory and management ranks currently consist of the Chief and three Sergeants. The Chief of Police is requesting to restructure to a Lieutenant and two Sergeants. The Lieutenant position has been unfilled for the past two years. The Chief of Police believes it is critical to the department to have a clearly defined second in command management position to help oversee the department and its operations. This position would be FLSA exempt and not a member of the employee bargaining unit. Although there will be a salary increase for the Lieutenant position, overall there should be little impact to the departments current budget as this position will not earn holiday pay or overtime. With Councils approval of the re-structuring request, the Administrative Services Department will conduct an internal promotional assessment process for eligible candidates. Confidential Office Specialist: The recent resignation of the part-time office assistant has left a need for administrative support at City Hall. The former employee was assigned primarily to the City Clerk, Human Resources and Finance Departments. The position is responsible for updating databases accurately, managing files, preparing correspondence and mass mailings, updating and maintaining large policy documents, batch copying, opening mail, processing utility payments, monitoring and ordering supplies, scanning and indexing records, as well as, providing crucial back-up coverage to the front desk. The upcoming changes in healthcare laws will require healthcare benefits to any employee who works 30 hours or more per week. Since the departmental needs exceed the 30 hours, staff is requesting a full-time Office Specialist position. This is an entry-level position that would allow the incumbent to grow into a number of opportunities and support city-wide succession planning. Because this position has access to highly sensitive information, it has been classified as Confidential and not a member of the bargaining unit.
Meeting Date: 11/06/2012 Page 1 Agenda Item #VI.C.2

The fiscal impact for this position would be approximately $27,750 for 2012/2013 beyond what has been budgeted. For 2013/2014 there would be no increase beyond what has been budgeted currently should the City Council decide not to approve part-time administrative help in the Public Works Department in the budget. The mid-range salary and benefits costs for this position are $46,500 annually.

OPTIONS: Should the City Council decide not to approve the Office Specialist position, staff requests that Council lift the hiring freeze for the part-time Office Specialist vacancy. FISCAL IMPACT: None $27,750 for 2012/2013 Account Number: Comments:

SUGGESTED MOTIONS: Move to approve the reorganization from three Police Sergeants to one Police Lieutenant and two Police Sergeants and authorize the internal promotional recruitment for the Lieutenant position. Move to approve hiring of a full-time Confidential Office Specialist.

Attachments:

Job Descriptions

Meeting Date: 11/06/2012

Page 2

Agenda Item #VI.C.2

CITY OF LAKEPORT

POLICE LIEUTENTANT
Job Description
DEFINITION Under general direction of the Police Chief to perform responsible administrative, investigation and technical work in directing the activities of the Police Department; and to do related work as assigned. In the absence or disability of the Police Chief, an incumbent of this class directs the activities of all divisions of the department. Although work is subject to review by the Chief of Police, work with relative independence in day to day activities and review is usually accomplished through routine checks of reports, conferences and evaluations of results. CLASS CHARACTERISTICS Positions in this category are actively and principally engaged in the enforcement of public laws or in protecting the public from physical harm and danger. The positions typically included in this category are peace officers and firefighters, whose every day duties place high priority and demands on top physical fitness and agility. ESSENTIAL FUNCTIONS The following duties are typical for this classification. Incumbents may not perform all of the listed duties and/or may be required to perform additional or different duties from those set forth below to address business needs and changing business practices. Oversee the Patrol Division; review shift activities through reports prepared by subordinate officers and through conferences with supervisory personnel; instruct personnel in operating procedures. Oversee the Investigative Division; assign subordinates to specific problems and/or cases and review their reports and records; coordinates information gathered and work accomplished by subordinates. Provide technical advice and assistances; direct and participate in the investigation of the more difficult or complex criminal cases; participate in extradition procedures. Supervise and participate in activities involving records, identification, communication, and in-service training. Investigates complaints against Police Department personnel and makes recommendations to the Police Chief. Assists the Police Chief in the development and implementation of the Police Department budget. Performs related work as assigned. QUALIFICATIONS GUIDELINES Education and/or Experience Five years in municipal police work including at least two years in a supervisory capacity in the fields.

Knowledge, Skills and Abilities Principles and practices of organization, administration, budget and personnel management. Modern police practices, techniques and methods. Pertinent federal, state and local laws and ordinances, particularly with reference to arrest search and seizures, evidence records keeping. Departmental rules and regulations. Plan, organize and coordinate the work of different divisions within the Police Department. Analyze complex police problems. Communicate clearly and concisely, orally and in writing. Properly interpret and makes decisions in accordance with laws and department regulations and policies. Special Requirements Possession of POST advanced certificate Possession of a PPOST Management certificate preferred within two years. Possession of appropriate California drivers licenese. Receive satisfactory results from a background investigation, physical examination, drug testing and administrative testing which meet the established qualifications standards.

PHYSICAL PROFILE: CATEGORY IV PUBLIC SAFETY DEFINTION Positions in this category are involved in active public safety duties, which involve the safeguarding of individuals, public and property. Incumbents are required to meet the physical standards to insure the ability to carry out this responsibility. OTHER FACTORS Lifting Moderate: Lifting 50 pounds maximum with frequent lifting, pushing, and/or carrying of objects weighting up to 25 pounds. Lifting Heavy: Lifting over 50 pounds, with frequent lifting, pushing and/or carrying weighing over 25 pounds. Climbing: Ascending or descending ladders, ramps, scaffolding, poles and the like; using feet and legs and/or hands and arms. Reaching: Reaching above the shoulders to place and/or retrieve objects. Walking: Ability to walk for prolonged periods of time (usually a minimum of two or more hours per day.) Standing: Ability to stand with little movement for prolonged periods of time (Usually a minimum of two or more hours per day). Sitting: Ability to sit with little movement for prolonged periods of time (Usually a minimum of two or more hours per day). Agility: Ability to move quickly and easily often including the ability to crawl, stoop or bend. Color Vision: Ability to identify and distinguish colors Distant Vision, Excellent: Without correction vision not less than 20/20 in one eye and not less than 20/25 in the other eye. Temperatures: Works in temperature sufficiently high or low to cause marked bodily discomfort. Fumes: Potential inhalation or contact with smoke, vapors, dust or gasses. Work Environment Outdoors: Ability to work outdoors in all types of weather conditions. Work Environment Moving Objects: Ability to work around moving objects, machinery or vehicles. Work Environment Surfaces: Ability to walk on slippery or uneven surfaces Heights: Ability to work on surfaces above 20 feet.

CLASS RANGE NO. FLSA ADOPTION DATE REVISION DATE APPROVED BY:

E2 Exempt 3/29/12

CITY OF LAKEPORT

OFFICE SPECIALIST - CONFIDENTIAL


Job Description

DEFINITION Under general supervision, performs a wide variety of typing and general clerical work of a routine nature; provides detailed information and assistance to the public relating to departmental policies, procedures and activities; may order, receive and store parts, equipment and materials; performs related work as assigned. As a confidential employee, has access to confidential information relating to the Citys administration of employeremployee relations. This access may include instances of an occasional but critical nature or due to the employee whose position requires the incumbent to provide direct administrative support to a manager who has such access. Employee may work in multiple departments. CLASS CHARACTERISTICS .Office Specialist I is the entry level class for clerical employees. Employees in this class normally work under close supervision performing repetitive or closely related duties according to established procedures. Generally, work is observed and reviewed both during its performance and upon completion. The class of Office Specialist I can also be utilized as a recruiting and training class for different specialty clerical areas. Office Specialist II is the class which is the skilled class in this series. An increased level of experience, expertise and responsibility is required above the Office Specialist I position which demonstrates a journey level of proficiency. Adequate performance at this level requires knowledge of departmental procedures and precedents, and the ability to choose among alternatives in solving problems. An Office Specialist II is expected to work productively even in the absence of a supervisor or lead worker. Employees in this class may often have contact with the public, answering a variety of procedural questions, or giving out factual information. Work is normally reviewed only on completion and for overall results. ESSENTIAL FUNCTIONS The following duties are typical for this classification. Incumbents may not perform all of the listed duties and/or may be required to perform additional or different duties from those set forth below to address business needs and changing business practices. Types/composes a variety of documents in draft and final form, such as correspondence, standard forms, charts, and reports using a computer or word processing equipment; types from written, recorded, or printed sources and/or oral instructions; proofreads materials for correct grammar, spelling, and punctuation. Prepares, validates, processes, and/or checks a variety of documents and records, such as time-sheets, invoices, confirming requisitions, and public notices for completeness, accuracy, and submission standards; compiles and records fiscal and statistical data according to established procedures; may keep petty cash. Performs basic bookkeeping tasks, including, but not limited to, reconciling petty cash, cash tills from City community activities, and bank reconciliations. Prepares correspondence or reporting and has access to confidential information relating to the Citys administration of employer-employee relations.. Receives the public/work unit clients and answers calls; determines how incoming calls should be routed; directs people to appropriate offices; answers routine questions; explains routine procedures, processes, or departmental activities; distributes and explains forms, such as applications or permits; obtains routine ~1~

factual information to create or update client/work unit files; provides routine assistance; may facilitate registration for department activities and events; may issue minor building permits; may use a radio to dispatch calls. Compiles routine reports by extracting and/or tabulating information from a variety of sources, such as files, correspondence, meeting notes, logs, previous reports, and/or oral instruction; may assist with research and preparation of community relations programs and materials. Recommends and assists in implementing office programs and clerical systems, procedures, and policies; provides temporary and vacation relief in similar occupational fields as necessary. Coordinates and oversees the ordering, receiving, stocking and delivery of materials and supplies; obtains prices and prepares purchase orders; takes inventory of materials and supplies; may operate a forklift for receiving supplies. Resolves complaints and handles inquiries; prioritizes tasks. Sorts and/or files materials such as correspondence, records, applications, and documents; prepares mailings; maintains files, conducts systematic file search for misplaced materials; maintains cross reference files or notices; purges filing system. Operates a variety of office equipment, such as cash register, radio, copiers, word processing or personal computer and peripheral equipment; may perform equipment/system maintenance checks; may provide dispatching services when assigned to the Public Works Department. Other duties as assigned. QUALIFICATIONS GUIDELINES Education and/or Experience Any combination of education and/or experience that has provided the knowledge, skills, and abilities necessary for satisfactory job performance. Example combinations include Office Specialist I: graduation from high school or equivalent, including or supplemented by courses in typing and office practices Office Specialist II: graduation from high school or equivalent, and two years of experience in related clerical work, involving a variety of typing and/or office operation responsibilities; including or supplemented by training in the clerical occupational field. Knowledge, Skills, and Abilities Working knowledge of related office methods and procedures; office equipment operation; computers and a variety of software applications. Working knowledge of parts and materials used for the maintenance of public works facilities (may be required for some assignments). Skill in the operation of a variety of office equipment, including typewriter operation at a rate of 50 net wpm with no more than 10 errors; a fork lift and/or a radio to dispatch calls may be required for some assignments. Ability to use correct English grammar, punctuation, and spelling; understand and follow verbal and written directions; receive the public in person or over the phone; apply and explain regulations, policies, and procedures; maintain records and perform specific program activities; establish and maintain cooperative working relationships

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Special Requirements Possession of or ability to obtain a Class C California driver's license and a satisfactory driving record (may be required for some assignments.) Receive satisfactory results from a background investigation, physical examination, drug testing and administrative testing which meet the established qualifications standards.

PHYSICAL PROFILE: CATEGORY I - LIGHT PHYSICAL EFFORT DEFINITION Positions in this category require normal physical abilities associated with the ability to read, write and communicate in a work environment requiring no extraordinary physical strength or special physical qualifications. CHARACTERSITICS Work assignments for this category are normally located in a work environment which has no unusual physical requirements or environmental conditions, unless separately identified. Positions in this category require only light physical effort while performing such functions as typing, writing, filing computing, operating light office equipment, interviewing, counseling, researching, planning, analyzing, and supervising. Positions allocated to this category are distinguished by a lack of duties involving strenuous activities. These positions seldom lift more than 20 pounds. OTHER FACTORS Reaching: Reaching above the shoulders to place and/or retrieve objects. Sitting: Ability to sit with little movement for prolonged periods of time (Usually a minimum of two or more hours per day). Distant Vision, Acceptable for Driving: Not less than 20/40 in each eye without correction or must correct to 20/40 in each eye and wear corrective lenses whenever driving

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CITY OF LAKEPORT
City Council Lakeport Redevelopment Agency City of Lakeport Municipal Sewer District

STAFF REPORT
RE: Hiring Freeze Exemption SUBMITTED BY: Mark Brannigan, Public Works Director PURPOSE OF REPORT: Information only Discussion Action Item MEETING DATE: 11/06/12

WHAT IS BEING ASKED OF THE CITY COUNCIL/AGENCY/BOARD: The City Council is being asked to approve an exemptions from the hiring freeze for the for a Parks Maintenance Worker 1 position. BACKGROUND: Due to Council action, all current positions when vacated must have Council approval for exemption from the hiring freeze to refill these positions. DISCUSSION: A Parks Maintenance Worker I employee gave notice to the Public Works Department that they are resigning from City employment effective October 31, 2012. This position is fully budgeted and staff is requesting that the City Council lift the hiring freeze so recruitment can begin. The Parks Division of Public Works maintains City facilities and parks with two permanent full time employees. OPTIONS: Exempt position from hiring freeze or deny exemption. FISCAL IMPACT: None $ Account Number: Comments: The position does not create a fiscal impact greater than the budgeted amounts. SUGGESTED MOTIONS: Move to approve an exemption from the hiring freeze for the Parks Maintenance Worker 1 vacancy.

Attachments:

Meeting Date: 11/06/2012

Page 1

Agenda Item # VI.D.1

CITY OF LAKEPORT
City Council Lakeport Redevelopment Agency City of Lakeport Municipal Sewer District

STAFF REPORT
RE: Housing Loan Short Sale Request 707 Twentieth Street SUBMITTED BY: Steve Brookes, City Attorney PURPOSE OF REPORT: Information only Discussion Action Item MEETING DATE: 11/06/12

WHAT IS BEING ASKED OF THE CITY COUNCIL/AGENCY/BOARD: Review and consider acceptance a ten percent (10%) payoff of a Redevelopment Housing loan where the security, a single family residence, is the subject of a pending short sale. BACKGROUND: The City now holds a promissory note with the principal sum of $7,000 bearing interest at four and one half percent (4.5%). This loan is secured by a Third Deed of Trust (two other loans are senior to the City's loan). Laura Hall, realtor, advises that she has this property, located at 707 Twentieth Street, in escrow. The house is being sold as a short sale. The City approved a $7,000 loan from the Redevelopment Agencys LMI Fund in 2009. It was secured by a Deed of Trust which is in THIRD position behind a first mortgage and a home equity credit line. Redevelopment funds were used because the borrowers (Rosencrans) were in the moderate income bracket. The current total of all mortgages and liens against the property is approximately $270,000 and the proposed short sale price is $157,750. Under the current offer, the junior liens will recover only ten percent of the amount owed. In the City's case, the City would only receive $700 from the short sale. A formal demand from the title company can be expected to be received shortly. Given that the property is some $112,000 underwater, staff recommendation is to accept the ten percent payoff and book the loss. DISCUSSION: Another option would be for the City to pay off the senior liens and foreclose on the property. This would result in us spending far more than the property is worth, out of General Fund no more redevelopment housing funds would be available for this option. OPTIONS: Accept the ten percent (10%) short sale payoff or exercise our rights to recover the security. FISCAL IMPACT: None $Loss of housing funds totaling $6,300 plus accrued interest. Comments: Account Number:

Meeting Date: 11/06/2012

Page 1

Agenda Item #VI.E.1

SUGGESTED MOTIONS: Move to accept a ten percent payoff of approximately $700 in net funds from the sale of 707 Twentieth Street in Lakeport. Attachments:

Meeting Date: 11/06/2012

Page 2

Agenda Item #VI.E.1