AGENDA

REGULAR MEETING OF THE LAKEPORT CITY COUNCIL

Tuesday, March 19, 2013 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. F. G.

Ordinances: Warrants: Minutes: Building Permit Report Application No. 2013-001 Application No. 2013-002 Application No. 2013-003

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 March 5, 2012. Approve minutes of the regular City Council meeting of March 5, 2012. Receive and file Building Permit Report for February, 2013. Approve Application No. 2013-001 for the Nor Cal Aircooled Group for a VW Car Show on Saturday, June 15, 2013. Approve Application No. 2013-002 for the Corvettes of Lake County for a Corvettes Car Show on Sunday, May 26, 2013. Approve Application No. 2013-003 for the Lakeport Main Street Association for the following events: July 4, 2013, Arts and Crafts Fair; Taste of Lakeport to be held Saturday, August 24, 2013; and Shipwreck Day to be held Saturday September 21, 2013. Approve Application No. 2013-004 for the Rotary Club of Lakeport for the Konocti Challenge Bicycle Ride to be held on Saturday, October 5, 2013. Approve Application No. 2013-005 for the Lake County Office of Education Childrens Council to hold and advocacy walk and childrens festival on Saturday, April 13, 2013. Approve Application No. 2013-006 for the Center for Life Choices to hold a walk for life on Saturday, April 27, 2013. Approve letter to Congress opposing elimination of tax-exempt bonds.

H. I.

Application No. 2013-004 Application No. 2013-005

J. K. V.

Application No. 2013-006 Letter to Congress

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.

VI.

COUNCIL BUSINESS: A. Public Works Director 1. CPI Increase for Residential Solid Waste Service Adopt a proposed Resolution amending solid waste collection and disposal fees to be charged by Lakeport Disposal for collection, transportation, and disposal of solid waste and yard waste, and the handling of recycling materials for residential customers.

City Council Agenda of March 19, 2013

Page 2

VII.

CITY COUNCIL COMMUNICATIONS: A. Miscellaneous Reports, if any: Pursuant to Government Code 54957(e), Public Employee Appointment (Planning Technician)

VIII. IX. X.

CLOSED SESSION: 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.

_______________________________________ Janel M. Chapman, City Clerk

MINUTES
LAKEPORT CITY COUNCIL REGULAR MEETING
March 5, 2013
I. CALL TO ORDER: ROLL CALL: PLEDGE OF ALLEGIANCE: ACCEPTANCE OF AGENDA: Mayor Engstrom called the regular meeting of the City Council of the City of Lakeport to order at 6:00 p.m. with Council Members Stacey Mattina, Martin Scheel, Kenneth Parlet, and Marc Spillman present. The Pledge of Allegiance was led by Karan Mackey. A motion was made by Kenneth Parlet, seconded by Marc Spillman, and unanimously carried by voice vote to add an additional anticipated litigation item to the agenda as it came up after the posting of the agenda and must be acted on prior to the next meeting. A motion was made by Council Member Mattina, seconded by Council Member Scheel, and unanimously carried by voice vote to accept the agenda as amended. IV. CONSENT AGENDA: A. B. C. D. Ordinances: Warrants: Minutes: Oversight Board Appointments 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 February 20, 2013. Approve minutes of the regular City Council meeting of February 19, 2013. Adopt a Resolution confirming the Mayoral appointment of one Permanent Member and one Alternate Member to the Oversight Board of the Former Lakeport Redevelopment Agency. This item was pulled for discussion. A motion was made by Council Member Spillman, seconded by Council Member Parlet, and unanimously carried by voice vote to approve the Consent Agenda, Items A through D, as posted. A motion was made by Council Member Mattina, seconded by Council Member Scheel, and unanimously carried by voice vote to send the letter of Support for Congressman Thompsons Gun Violence Prevention Task Force with the first paragraph omitted.

II. III.

E.

Letter of Support

Vote on Consent Agenda

Letter of Support

V.

PUBLIC PRESENTATIONS/ REQUESTS: A. Citizen Input Carol Hayes, Executive Director of the Main Street Association, presented the Business of the Quarter to the Lakeport English Inn. The award was accepted by owner Karan Mackey.

VI.

COUNCIL BUSINESS: A. City Manager 1. South Main Street Annexation The following members of the public spoke on this issue: Betsy Cawn and George Linn. There was Council consensus that the timing is not appropriate have a facilitator work with the City and County as the City needs time to have the new Council Members come up to speed on the issues before such a meeting is held.

B.

City Attorney 1. Sewer and Water Fee Deferral Agreement Bob Bissell, the project superintendent from Lakeport Pacific Associates, gave an update on the project. A motion was made by Council Member Mattina, seconded by Council Member Scheel, and carried by voice vote, with Council Member Spillman voting no, to approve the agreement and to authorize the City Manager to execute the revised Utility Expansion Fees Deferral Agreement with Lakeport Pacific Associates.

Minutes of the Lakeport City Council Meeting of March 5, 2013

Page 2

C.

Public Works Director 1. Westshore Pool Council Member Scheel recused himself from discussion on this item due to a potential conflict of interest. A motion was made by Council Member Parlet, seconded by Council Member Mattina, and unanimously carried by voice vote to authorize the Public Works Department to operate the Westshore Pool for the months March, April and May; pay all costs associated with opening the pool; and increase the Pool Manager Classification to be competitive with the surrounding communities.

D.

City Engineer 1. Historic Street Signs Ann Blue, a member of the Lakeport Main Street Association Design Committee addressed the Council. She announced that April 27 will be the annual cleanup day. A motion was made by Council Member Mattina, seconded by Council Member Spillman, and unanimously carried by voice vote to authorize staff to continue working with the Lakeport Main Street Association to facilitate and complete the installation of the alternate signs in the Historic Downtown area as depicted in the exhibits provided. Staff was given direction to discuss alternatives with Lake County Tribal Health. If Mediacom is the appropriate alternative, the City should ask for a free internet incentive in exchange for an aerial easement.

2. Mediacom Easement Request VII. CITY COUNCIL COMMUNICATIONS: A. Miscellaneous Reports:

Council Member Spillman reported that he attended a meeting at the fire station. He also met with John Benoit to talk about LAFCO procedures. He attended a Main Street Association meeting last week. They talked about lights near the new Savings Bank building. Council Member Mattina attended an Oversight Board meeting. She will attend an APC meeting next week and a LAFCO meeting the following week. Council Member Parlet reported that he enjoyed the strategic planning meeting and will look forward to follow up. He will be attending the Marijuana Committee meeting tomorrow. Council Member Scheel attended an Indian Gaming meeting. Funds for this year are about $450,000. Congressman John Garamendi will be holding a town hall meeting on Saturday at the Moose Lodge in Clearlake Oaks. There is a LEDAC meeting tomorrow at 7:30 a.m. Administrative Services Director Buendia reported that interviews were held today for the water operator position. A conditional offer of employment has been made to a police officer candidate. Public Works Director Brannigan reported that tree trimming will take place in Library Park next week. His crew will also be putting in curb and gutter at Hartley and Clearlake Avenue to alleviate a drainage problem. He will be meeting with the public works foreman to look at the docks. Mayor Engstrom reported that he was the master of ceremonies at a program called Every Student Succeeds. This program was for kids who had overcome major obstacles in their lives. He was very impressed with the program.

VIII.

CLOSED SESSION:

The meeting was adjourned to closed session at 7:29 p.m. pursuant to Government Code 54956.9(b), Anticipated Litigation; and pursuant to Government Code 54957.(a), Threat to Public Services or Facilities The meeting reconvened to open session at 8:15 p.m., and the Mayor reported that staff was given direction with respect to the closed session items.

IX.

REPORT FROM CLOSED SESSION:

Minutes of the Lakeport City Council Meeting of March 5, 2013

Page 3

X. ATTEST

ADJOURNMENT:

Mayor Engstrom adjourned the meeting at 8:16 p.m. APPROVED ___________________________________________ TOM ENGSTROM, Mayor

____________________________________ JANEL M. CHAPMAN, City Clerk

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: 03/19/2013

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 Februrary 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 Febuary 2013. 105 $6,683,027.30 $70,599.89

Attachments:

Monthly Building Permit Report for February 2013

Meeting Date: 03/19/2013

Page 1

Agenda Item #IV.D.

2013-002

From: To: Cc: Subject: Date:

Police Chief Janel Chapman Tina Banuet; Jason Ferguson Re: Application No. 2013-006 (Center for Life Choices) Wednesday, March 06, 2013 3:30:03 PM

Lakeport Police Department review of above application. 1-No police concerns 2-No fiscal impact to police Brad Rasmussen Chief of Police City of Lakeport Sent from my iPad On Mar 6, 2013, at 3:18 PM, "Janel Chapman" <jchapman@cityoflakeport.com> wrote: <image001.gif> Attached you will find a new application for review/comment. This will go to the City Council for approval on March 19. Please have your results in to me by noon on Wednesday, March 13. Thank you.
Janel Chapman, City Clerk City of Lakeport 225 Park Street Lakeport, CA 95453 Phone: (707) 263-5615, Ext. 12 Fax: (707) 263-8584 jchapman@cityoflakeport.com

<App 2013-006 (Center for Life Choices).pdf>

Janel Chapman
From: Sent: To: Cc: Subject: Good Morning Janel, Please make sure that if the event is going to sell food (including beverages), the sponsor must complete and submit Environmental Health Temporary Health Permit at least 2 weeks prior to the event. Food vendors must apply, pay fee, and submit the Environmental Health Temporary Food Facility Permit Application at least 1 week prior to the event. Please make sure you download our new Temporary Health Application on line or get them at our office. If you have any questions, please contact our office. Thank you, Cheryl Bennett, REHS Environmental Health Specialist Cheryl Bennett [Cheryl.Bennett@lakecountyca.gov] Monday, March 11, 2013 9:05 AM Janel Chapman Barbara Loveless; Pheakdey Preciado RE: Application No. 2013-006 (Center for Life Choices)

Lake County, Department of Health Services Division of Environmental Health 922 Bevins Ct. Lakeport, CA 95453

Phone: 707.263.1164 Fax: 707.263.1681 Email: cheryl.bennett@lakecountyca.gov

From: Janel Chapman [mailto:jchapman@cityoflakeport.com] Sent: Wednesday, March 06, 2013 3:19 PM To: Barbara Loveless; Cheryl Bennett; csmart@cityoflakeport.com; Dale Stoebe; dgrider@cityoflakeport.com; Ellen Dills; Jason Ferguson; Kevin Odom; Lori Price; Pheakdey Preciado; tbanuet@cityoflakeport.com; abritton@cityoflakeport.com; policechief@cityoflakeport.com; dbuffalo@cityoflakeport.com; Kelly Buendia (kbuenda@cityoflakeport.com); Margaret Silveira; Mark Brannigan; rknoll@cityoflakeport.com; sharter@cityoflakeport.com; sbrookes@cityoflakeport.com Subject: Application No. 2013-006 (Center for Life Choices)

Attachedyouwillfindanewapplicationforreview/comment.ThiswillgototheCityCouncilforapprovalon March19.PleasehaveyourresultsintomebynoononWednesday,March13.Thankyou.
JanelChapman,CityClerk CityofLakeport 225ParkStreet Lakeport,CA95453 Phone:(707)2635615,Ext.12 Fax:(707)2638584 jchapman@cityoflakeport.com

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

STAFF REPORT
RE: Letter in Support of Protecting Municipal Bonds SUBMITTED BY: Daniel Buffalo, Finance Director PURPOSE OF REPORT: Information only Discussion Action Item MEETING DATE: 03/19/2013

WHAT IS BEING ASKED OF THE CITY COUNCIL/AGENCY/BOARD: The City Council is being asked to adopt a Resolution of the City of Lakeport authorizing the City Manager to execute a letter of support for the protection of municipal bonds. BACKGROUND: The United States Congress is considering action to diminish or eliminate the tax exempt status of municipal bond interest. Any plans to do so could have a negative effect on state and local governments and increase their costs to issue debt for capital projects, such as infrastructure improvements or expansion, compliance with regulatory requirements, or efforts to promote community safety and well being. This exemption has been in place since the federal income tax was enacted by Congress in 1913. Several state and national organizations representing the interests of local government, including the National League of Cities (NLC), the League of California Cities (LCC), and the Government Finance Officers Association (GFOA) have called on the federal government not to eliminate or otherwise limit this exemption and are encouraging their memberships to contact their respective Congress Members in opposition to this notion and in support of protecting municipal bonds. DISCUSSION: Municipal bonds are a low-cost and efficient way for local government agencies to finance critical capital projects. Lakeport, as well as the County of Lake and City of Clearlake, have utilized tax-exempt financings for critical capital projects. The City has used such financing to construct its sewer treatment facility and improvement thereto, the surface water treatment plant, road and other infrastructure projects, and, hopefully within the next year, a revitalization project to downtown Main Street. Furthermore, future needs likely will be financed through municipal bond issues due to the lack of available resources for such large capital projects. A joint report issued by the NLC, U.S. Conference of Mayors, and the National Association of Counties highlights over the past ten years that state and local governments have financed over $1.65 trillion in infrastructure improvements using tax-exempt bonds. According to the NLC, local governments save an average of 25-30 percent on interest costs with tax-exempt municipal bonds compared to taxable bonds. Investors are willing to accept lower interest rates on these debt issues due to the tax benefit. If this exemption in eliminated or diminished, local agencies will pay more to meet the needs of their communities. Tax-exempt bonds provide a critical resource in the tool box of decision-makers at the local level, where citizens and elected officials can best determine where needs are greatest and where investments will
Meeting Date: 03/19/2013 Page 1 Agenda Item #IV.K.

generate the maximum benefits to the community. The support letter, attached here for consideration, is based on a letter previously sent to Congress by the LCC. OPTIONS: 1. Approve the attached resolution and letter of support as recommended by staff. 2. Do not approve but provide direction to staff. FISCAL IMPACT: None $State and local governments would pay more to raise capital for future projects. In Lakeport, it could affect any future debt-related projects for the water and sewer enterprises, as well as any road or other infrastructure endeavors. SUGGESTED MOTIONS: Move to approve a resolution authorizing the City Manager to sign and submit a letter and resolution to U.S. Senators Barbara Boxer and Dianne Feinstein and Congressional Representative Mike Thompson in support of protecting municipal bonds and in opposition to any elimination or diminishment to their taxexempt status. Attachments: Attachment A: Proposed Resolution Attachment B: NLC Legislative Issues Brief Attachment C: Letters to California Congressional Members

Meeting Date: 03/19/2013

Page 2

Agenda Item #IV.K.

RESOLUTION NO. ______ (2013)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKEPORT AND THE CITY OF LAKEPORT MUNICIPAL SEWER DISTRICT AUTHORIZING THE CITY MANAGER TO EXECUTE A LETTER OF SUPPORT FOR THE PROTECTION OF MUNICIPAL BONDS
WHEREAS, a fundamental principle of tax-exempt financing is the ability of local governments to determine the services needed in their respective communities and to raise capital to provide the required infrastructure free from federal tax on bonds used. The exclusion of interest on state and local obligations from federal gross income is an important financing tool in a time where building and rebuilding infrastructure is required to meet federal and state mandates, community growth, and is critical to our nations state and local economies; and WHEREAS, the City of Lakeport, California opposes efforts by Congress and the Administration to eliminate or limit the use of tax-exempt bonds by state and local governments or to change the ability of investors to claim the exemption; NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Lakeport and the Board of Directors of the City of Lakeport Municipal Sewer District (CLMSD) hereby authorize the City Manager to execute a letter of support to be sent to our Congressional Representatives, Senator Barbara Boxer, Senator Dianne Feinstein, and Representative Mike Thompson, as well as a certified copy of the Resolution in the protection of tax-exempt financing as critical tool in ensuring the safety and well-being of our local community. The foregoing Resolution was passed and adopted at a regular joint meeting of the City Council and CLMSD Board of Directors on the 19th day of March, 2013, by the following vote: AYES: NOES: ABSTAINING: ABSENT: ____________________________________ TOM ENGSTROM, Mayor ATTEST: ________________________________ JANEL M. CHAPMAN, City Clerk APPROVED AS TO FORM: ____________________________________ STEVEN J. BROOKES, City Attorney

Legislative Issue Brief Protect Municipal Bonds

NLC calls on the federal government not to limit in any way the income tax exemption for municipal bonds.

As the Administration and Congress look for revenue to reduce the deficit and fund programs, the federal income tax exemption provided to interest paid on state and municipal bonds (debt) is under threat. In addition to increasing taxes, revenue can be raised by expanding what is subject to being taxed (broadening the base); in this case, interest paid on bonds issued by local governments currently not taxed would be included as income. This exemption has been in place since the federal income tax was instituted in 1913. It is the primary financing mechanism for state and local infrastructure projects, with three-quarters of the infrastructure projects in the U.S. built by state and local governments, and with over $2.9 Trillion in outstanding taxexempt bonds, issued by 30,000 separate government units. Local governments save an average of 25 percent to 30 percent on interest costs with tax-exempt municipal bonds as compared to taxable bonds. This is true because investors are willing to accept lower interest on tax-exempt bonds in conjunction with the tax benefit. If the federal income tax exemption is eliminated or limited, states and localities will pay more to finance projects, leading to less infrastructure investment, fewer jobs, and greater burdens on citizens who will have to pay higher taxes and fees. The need for infrastructure investmentand the jobs that come with itis acute. Much of this need must be met by states, counties, and cities. Tax-exempt municipal bonds are the primary tools for doing so.

Tax Exempt Bonds Facts and Figures

With the current tax exemption, cities can issue bonds with interest payments 2 percentage points lower than on taxable bonds. The tax exemption has been in place since the first federal income tax was implemented in 1913 and has financed trillions of dollars of public investment. Tax-exempt bond issuance has remained stable compared to GDP over the past 10 years, averaging around 14.8 percent, and has actually declined since the 1980s. Compared to other sector, municipal debt issuance has been the most stable and fiscally responsible. Local government financing needs for infrastructure are increasing, not decreasing. For instance, the American Society of Civil Engineers reports that $2.2. trillion is required over the next five years to meet physical infrastructure needs. Over $2.9 trillion in outstanding tax-exempt bonds have been issued by 30,000 separate governmental units.

Request for Congress and the Administration

Tax-exempt bonds are how local governments finance infrastructure projectsthey have been around for more than 100 years and they provide essential funding for localities. Three-quarters of all public infrastructure projects in the U.S. are built by states and localities paid for with tax exempt bonds. If the tax exemption is eliminated or reduced, hometowns will pay more to finance projects, leading to fewer projects and jobs, or will have to raise taxes.

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

STAFF REPORT
RE: CPI Increase for Residential Solid Waste Service SUBMITTED BY: Mark Brannigan, Public Works Director PURPOSE OF REPORT: Information only Discussion Action Item MEETING DATE: 03/19/2013

WHAT IS BEING ASKED OF THE CITY COUNCIL/AGENCY/BOARD: The City Council is being asked to adjust the monthly service rate for solid waste (garbage, green waste, and recycle) service for Lakeport residences. BACKGROUND: On January 1, 2004, the Lakeport City Council entered into a contract with Lakeport Disposal, Inc. for the collection, transportation, and disposal of garbage, refuse, rubbish, and recycling materials in the City of Lakeport. The contract indicates that on January 1 of each year, Lakeport Disposal will receive a rate adjustment equal to 75 percent of the percentage change from the previous year in the US Department of Labor Bureau of Statistics Consumer Price Index (CPI) for the San Francisco, Oakland, San Jose California area (see attached). DISCUSSION: Lakeport Disposal has provided services to the City of Lakeport residences throughout the year and are requesting the contractually agreed upon annual inflationary rate increase (CPI). The contract requires that "the CPI adjustment shall be equal to the amount derived by multiplying the previous rate times Seventy Five (75%) percent of the percentage increase or decrease in the Consumer Price Index for Urban Wage Earners and Clerical Workers, All Items Index, for the San Francisco-Oakland-San Jose, Ca Metropolitan Area, during the prior twelve month period." The formula used for this equation is: Rate x (75% x CPI) and equates to a 2.78% increase this calendar year. Residential services are volume based where the resident can choose between 20, 32, or 95 gallon totters. The cost per totter is listed in the proposed resolution attached to this staff report. OPTIONS: Adopt the proposed resolution authorizing the CPI increase of 2.78% or provide further direction to staff regarding the proposed Resolution FISCAL IMPACT: None $ Account Number: Comments: Per Resolution 2152 (2003) The City receives a 10% franchise fee and 3% fee for billing.

Meeting Date: 03/19/2013

Page 1

Agenda Item #VI.A.1.

SUGGESTED MOTIONS: Move to adopt the proposed Resolution amending solid waste collection and disposal fees to be charged by Lakeport Disposal for collection, transportation, and disposal of solid waste and yard waste, and the handling of recycling materials for residential customers.

Attachments:

Proposed Resolution Consumer Price Index

Meeting Date: 03/19/2013

Page 2

Agenda Item #VI.A.1.

RESOLUTION NO. ____ (2013) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKEPORT AMENDING SOLID WASTE COLLECTION AND DISPOSAL FEES TO BE CHARGED BY LAKEPORT DISPOSAL CO., INC., FOR COLLECTION, TRANSPORTATION, AND DISPOSAL OF SOLID WASTE AND YARD WASTE, AND THE HANDLING OF RECYCLING MATERIALS FOR RESIDENTIAL CUSTOMERS
WHEREAS, Resolution No. 2152 (2003) approved a contract with Lakeport Disposal Co. Inc. for collection and disposal of solid waste through a franchise agreement for mandatory service for residential and commercial accounts; and WHEREAS, Resolution No. 2208 (2005) provided for increase in fees based on pass-through of 75 percent of CPI for basic rates; and WHEREAS, Lakeport Disposal requested a Consumer Price Index (CPI) rate increase of effective January 1, 2013, based on the CPI index; and WHEREAS, the City Council of the City of Lakeport, following a public hearing on February 7, 2012, adopted Resolution No. 2444 (2012), setting forth new rates for residential garbage collection to be effective January 1, 2012; and increase. WHEREAS, it is necessary to adopt a new resolution setting forth the correct Consumer Price Index rate

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lakeport that a 2.78 percent increase in rates for garbage collection fees is approved effective January 1, 2013. BE IT FURTHER RESOLVED that the following rate schedule amends the rates set forth in Resolution No. 2444 (2012) adopted February 7, 2012, and sets new rates for residential garbage collection to be effective January 1, 2013, as follows: Residential Trash Service Level One 20-gallon totter One 32-gallon totter Two 32-gallon totter One 95-gallon totter Old Monthly Garbage Rates $13.70 $20.55 $41.10 $61.64 New Monthly Garbage Rates $14.08 $21.12 $42.24 $63.35

DULY AND REGULARLY ADOPTED this 19th day of March, 2013, by the following vote: AYES: NOES: ABSENT: ABSTAIN: _________________________________ TOM ENGSTROM, Mayor ATTEST: _______________________________ JANEL M. CHAPMAN, City Clerk