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REGULAR MEETING OF THE LAKEPORT CITY COUNCIL
Tuesday, July 16, 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:
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.
A. B. C. D. E. F. G. V. A.
Ordinances: Warrants: Minutes: Building Permit Report Application 2013-015 Alternate for REMIF Board Interim City Attorney Contract Citizen Input:
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 July 10, 2013. Approve minutes of the regular City Council meeting of July 2, 2013. Review and file Building Permit Reports from April 2013, May 2013, and June 2013. Approve application 2013-015 for Lakeport Yacht Club Catfish Derby. Appoint Administrative Services Director Buendia as alternate to the REMIF Board. Approve Interim City Attorney Services with the firm of Colantuono & Levin, PC.
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 tonight’s agenda. Persons wishing to address the City Council are required to complete a Citizen’s 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. VI.
LEDAC Lake Bed Management Fourth of July Operations
Update on Lakeport Economic Development Advisory Committee (LEDAC) activities by Committee Chair Wilda Shock. Report by Lake County Water Resources Director Scott De Leon. Report on Fourth of July operations and acknowledgement of assistance from local agencies and businesses.
COUNCIL BUSINESS: A. City Manager 1. Cancel regularly scheduled Council meeting August 6, 2013 Consider cancelling the regularly scheduled City Council meeting of August 6, 2013, and participating in the National Night Out Community Block Party on that date. Adopt a proposed Resolution and amend the Sewer User Rates for Commercial Customers Volume Charge, established with Resolution No. 2463 (2012), increasing the allotted consumption amount from 8 units to 10.
Public Works Director Brannigan 1. Sewer Resolution
CITY COUNCIL COMMUNICATIONS: A. Miscellaneous Reports, if any:
City Council Agenda of July 16, 2013
Pursuant to Government Code Section 54956.8 (Conference with Real Property Negotiator): Negotiator: City Manager; regarding property at 1400 South Main St. #12B, Lakeport, specifically, price and payment terms. 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 at 225 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.
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 Clerk’s 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.
_______________________________________ Hilary Britton, Acting Deputy City Clerk
LAKEPORT CITY COUNCIL Regular Meeting
Tuesday, July 2, 2013
I. CALL TO ORDER & ROLL CALL: Mayor Engstrom called the regular meeting of the City Council of the City of Lakeport to order at 6:02 p.m. with Council Members Mattina, Parlet, Scheel and Spillman present. The Pledge of Allegiance was led by Lakeport Police Lieutenant Ferguson. A motion was made by Council Member Parlet, seconded by Council Member Mattina and unanimously carried by voice vote to accept the agenda as presented There were no urgency items.
PLEDGE OF ALLEGIANCE: ACCEPTANCE OF AGENDA: Urgency Items:
CONSENT AGENDA: A. B. C. D. E. F. Ordinances: Warrants: Minutes: Application 2013-013 Application 2013-014 Used Oil Grant 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 June 26, 2013. Approve minutes of the regular City Council meeting of June 18, 2013, and the special City Council meeting of June 25, 2013 Approve application 2013-013 for Lakeport Main Street Association Very Merry Main Street event. Approve application 2013-014 for Lake County Rodeo Association Annual Lake County Rodeo Parade. Adopt a resolution authorizing a Used Oil Payment Program application and authorizing the City Manager to execute any necessary documents. A motion was made by Council Member Spillman, seconded by Council Member Scheel and unanimously carried by voice vote to approve the Consent Agenda, Items A through F, as posted.
PUBLIC PRESENTATIONS/REQUESTS: A. B. Citizen Input: Introduction of Interns There was no citizen input. Administrative Services Director Buendia introduced intern Anjanette Correia, and Finance Director Buffalo introduced intern Bryan Cochrane. Both interns are from the Mendocino College CWEE Program. The report by Lake County Water Resources Director Scott De Leon was held over to the next meeting due to a scheduling conflict for Director De Leon.
Lake Bed Management
PUBLIC HEARING: A. Mobile Catering Ordinance Mayor Engstrom opened the Public Hearing at 6:09. There was no testimony from the public. Mayor Engstrom closed the Public Hearing at 6:10. A motion was made by Council Member Parlet, seconded by Council Member Scheel and unanimously carried by voice vote to adopt the proposed Ordinance to revise regulations pertaining to Mobile Catering Businesses (Lakeport Municipal Code Ch. 5.20), and accompanying fee Resolution.
City Council Minutes of July 2, 2013
City Manager 1. Request to Conduct Zumba Classes in Library Park City Manager Silveira presented a staff report regarding a request to allow Melissa Mabery to conduct Zumba classed in Library Park Gazebo. Melissa Mabery was not present at the meeting, nor was anyone there to represent her. Council Member Parlet spoke out against the request. A motion was made by Council Member Parlet, seconded by Council Member Scheel and unanimously carried by voice vote to deny the request by Melissa Maberry to utilize Library Park and the Gazebo to conduct Zumba classes.
CITY COUNCIL COMMUNICATIONS: A. Miscellaneous Reports, if any: Council Member Spillman has meetings coming up. He has been working with the Westside Community Park committee putting in horseshoe pits. Council Member Mattina has an APC meeting next week. Council Member Parlet had nothing to report. Council Member Scheel has been approached by the PEG & Konocti Trails groups; he is trying to determine if he has time in his schedule to attend either committee meetings. City Manager Silveira wished all a happy Fourth of July. Police Chief Rasmussen advised that the police department is doing Public Outreach and education on the Administrative Citation procedure and the Marijuana Cultivation ordinance utilizing the department Facebook page and Web page. The Fourth of July command center will be in the Council Chambers. Due to technical issues, RiMS isn’t up yet. Planning Services Manager Britton is also working on outreach materials regarding the Marijuana Cultivation Ordinance, including a section on the City’s website just for education on the Ordinance, and there will be information included with the utility bills in the next few months. Finance Director Buffalo is coordinating the City’s entry for Grillin’ on the Green. City Engineer Harter had nothing to report. Public Works Director Brannigan reported that crews are busy preparing for Fourth of July. Administrative Services Director Buendia reported that the employer mandate of the Affordable Healthcare Act will not be implemented until next year. Mayor Engstrom adjourned the meeting to Closed Session at 6:22 p.m., to discuss matters pursuant to Government Code Section 54957 (b) (2) Public Employee Discipline/Dismissal/Release. Mayor Engstrom reconvened the regular session at 7:27 p.m. He reported that by unanimous vote, the City Council terminated the employment of Steve Brookes, City Attorney. Mayor Engstrom adjourned the meeting at 7:28 p.m.
REPORT FROM CLOSED SESSION:
_______________________________________ THOMAS ENGSTROM, Mayor ATTEST:
_______________________________________ KELLY BUENDIA, Acting City Clerk
From: To: Cc: Subject: Date: Attachments:
Janel Chapman "firstname.lastname@example.org" Doug Grider; Mark Brannigan Application for Catfish Derby 08-23-2013 Tuesday, July 02, 2013 8:31:46 AM Map - 3rd to 5th St.pdf Map- Yacht Club Fifth St parking areas_aerial.pdf
Good Afternoon, I have received your application for use of public areas submitted for the Catfish Derby 0823-2013. I have tentatively scheduled this to be considered by the Council at their meeting 07/16/2013. Prior to approval for the application, you will need to submit the following: 1. A map of the parking lot indicating which parking spaces you would like to reserve overnight. I have attached a hand drawn map from 3 rd – 5 th Streets, as well as one that shows the parking lot extending north from 5 th street. Feel free to use one of these maps to indicate the parking spaces requested, and return to me by 7/10/2013 to get this item on the Council Agenda. Prior to the event, you will need to do the following: 1. Submit an Insurance Certificate for this specific event. The certificate we have on file is for the July 4 th event only. 2. Contact Public Works at 263-0751 to arrange for Public Works to arrange for cones/markers/barricades indicating the parking spaces to be reserved if you won’t be providing those yourselves. Please let me know if you have any questions or concerns, or if there is anything else I can do for you. Best wishes for your event, Hilary Britton On behalf of:
Janel Chapman, City Clerk City of Lakeport 225 Park Street Lakeport, CA 95453
From: To: Subject: Date:
Lori Price Janel Chapman RE: Event Application for Review & Comments Tuesday, July 02, 2013 8:48:50 AM
Good morning Hilary, I have reviewed the event application. It does not appear that this event will impact county roads in any way. We therefore have not additional comments for this event. Thank you for the opportunity to comment on this and all events held within Lakeport City Limits. Sincerely, Lori Price Secretary III Lake County Department of Public Works 255 N. Forbes Street, Rm 309 Lakeport, CA 95453 (707) 263-2341 email@example.com
From: Janel Chapman [mailto:firstname.lastname@example.org] Sent: Monday, July 01, 2013 2:16 PM To: Barbara Loveless; Cheryl Bennett; email@example.com; Dale Stoebe; firstname.lastname@example.org; Ellen Dills; Jason Ferguson; Kevin Odom; Lori Price; Pheakdey Preciado; email@example.com; firstname.lastname@example.org; email@example.com; firstname.lastname@example.org; Kelly Buendia (email@example.com); Margaret Silveira; Mark Brannigan; firstname.lastname@example.org; email@example.com Subject: Event Application for Review & Comments
Attached for review/comments is an application for the Lakeport Yacht Club’s annual Catfish Derby. This will be considered by the City Council on July 16, 2013. Please have any comments back to me no later than 5:00 p.m. Tuesday, July 9, 2013. Thank you. Hilary Britton On behalf of:
Janel Chapman, City Clerk City of Lakeport 225 Park Street
From: To: Cc: Subject: Date:
Police Chief Janel Chapman Andrew Britton; Dan Buffalo; Janel Chapman; Kelly Buendia; Margaret Silveira; Mark Brannigan; Scott Harter Re: Event Application Addendum - Catfish Derby Wednesday, July 10, 2013 8:47:47 PM
No police concerns. No police fiscal impact. Thanks. Brad Rasmussen Chief of Police City of Lakeport Sent from my iPad On Jul 8, 2013, at 3:32 PM, "Janel Chapman" <firstname.lastname@example.org> wrote: <image001.gif> Please see email below. Hilary
Janel Chapman, City Clerk City of Lakeport 225 Park Street Lakeport, CA 95453 Phone: (707) 263-5615, Ext. 12 Fax: (707) 263-8584 email@example.com
From: Janel Chapman Sent: Monday, July 08, 2013 3:15 PM To: Cheryl Smart; Dale Stoebe; Doug Grider; Ellen Dills; Jason Ferguson; Kevin Odom; Management Team; Pheakdey Preciado; Tina Banuet Subject: Event Application Addendum - Catfish Derby
Please find attached an addendum to the application for use submitted by the Lakeport Yacht Club for a Catfish Derby. Attached is a map of the RV spaces they would like to reserve. This is scheduled to go before the Council on July 16, 2013. Please have any comments back to me no later than Wednesday, July 10. Thank you,
CDD / Planning
? No indication that event will include any vendors. If vendors are present, they are required to have a City business license. No objection to proposed overnight camping in RVs. Overnight camping related to special events in parklands can be approved by City Council per LMC Section 9.08.060. No other comments/concerns.
CITY OF LAKEPORT
City Council City of Lakeport Municipal Sewer District
RE: Appointment of Alternate Representative to Redwood Empire Municipal Insurance Fund, JPA SUBMITTED BY: Margaret Silveira, City Manager PURPOSE OF REPORT: Information only Discussion Action Item MEETING DATE: 7/16/2013
WHAT IS BEING ASKED OF THE CITY COUNCIL/BOARD: Approval of Administrative Services Director, Kelly Buendia as the Alternate Representative City of Lakeport Representative to Redwood Empire Municipal Insurance Fund, JPA BACKGROUND: The City of Lakeport is an Associate Member of the Redwood Empire Municipal Insurance Fund (REMIF), JPA. The City is allowed a representative and an alternate. The City Manager is the current representative, and staff is recommending the Administrative Services Director, Kelly Buendia as the alternate. The alternate position was previously held by the City Attorney. DISCUSSION:
OPTIONS: Approve appointment of Kelly Buendia Request another person for appointment FISCAL IMPACT: None $ Account Number: Comments:
Meeting Date: 07/16/2013
Agenda Item #IV.F
CITY OF LAKEPORT
City Council City of Lakeport Municipal Sewer District
RE: Agreement for Interim Legal Services with Colantuono & Levin, PC SUBMITTED BY: Margaret Silveira, City Manager PURPOSE OF REPORT: Information only Discussion Action Item MEETING DATE: 7/16/2013
WHAT IS BEING ASKED OF THE CITY COUNCIL/BOARD: Approval of Interim City Attorney Services with the firm of Colantuono & Levin, PC. BACKGROUND: The City Council requested staff to solicit proposals from legal firms for the City's immediate need of legal service. Staff requested proposals from three law firms that specialize in municipal law for interim legal counsel. The firms of Best, Best & Krieger, Meyers Nave, and Colantuono & Levine responded immediately to the request. DISCUSSION: Councilmember Scheel met with management staff to review and select the top candidate for Council approval. Though all three firms have excellent qualifications, the group chose Colantuono & Levine as their first choice for the interim position. They all three quoted very similar fees, Michael Colantuono’s firm was chosen based on the fact they are already working with the City on special counsel issues, such as the RIMS access, the rent control initiative, and other legal services. By virtue of having the broader contract with the firm, the City will receive a lower billing rate for "special counsel" needs as they arise. As per the attached agreement, the monthly retainer fee is $6,000 for a minimum of 30 hours. This fee is for general counsel and the other discounted rate is for special counsel or litigation. OPTIONS: Approve agreement with Colantuono & Levine Approve agreement with BBK or Meyers Nave Request staff to provide additional proposals FISCAL IMPACT: None $6,000 monthly plus any additional Special Counsel Fees Number: 110-1030-930 Comments: SUGGESTED MOTIONS: Move to approve Agreement for Legal Services between the City of Lakeport and the firm of Colantuono & Levin, PC
Meeting Date: 07/16/2013 Page 1 Agenda Item #IV. G
Agreement for Legal Services with Colantuono & Levin, PC
Meeting Date: 07/16/2013
Agenda Item #IV. G
AGREEMENT FOR LEGAL SERVICES BETWEEN THE CITY OF LAKEPORT AND COLANTUONO & LEVIN, PC
This Agreement is made and entered into by and between the law firm of Colantuono & Levin, PC (hereinafter “the Firm”) and the City of Lakeport (“City”) this 16th day of July 2013. RECITALS: A. The City desires to retain the Firm on an interim basis to discharge the duties of the office of City Attorney and to designate a member of the Firm as City Attorney. B. The attorneys of the Firm are duly licensed under the laws of the State of California and are fully qualified to discharge the duties of the office of City Attorney and to provide the services contemplated by this Agreement. NOW, THEREFORE, the parties hereto agree as follows: 1. Scope of Services and Compensation. A. The Firm shall discharge the duties of the office of City Attorney of the City of Lakeport and General Counsel of the Successor Agency to the Lakeport Redevelopment Agency and shall use its best efforts to provide legal services in a competent and professional manner. The Firm shall provide all legal services to the City of the kind and nature typically provided by an in-house City Attorney’s office and as provided in the Lakeport Municipal Code unless specifically stated otherwise in this Agreement or otherwise directed in writing by the City. Except where conflict of interest rules require otherwise, or as directed by the City, the Firm shall supervise the activities of all other counsel retained by or for the City and shall review the work of such counsel on behalf of the City. B. The legal services to be provided by the Firm shall consist of those set forth in Exhibit “A” attached hereto and shall be billed at the rates set forth therein. 2. Designation of City Attorney and Assistant City Attorney. David J. Ruderman is designated as Interim City Attorney. The parties understand and agree that the Firm may, from time to time, utilize other attorneys within the Firm to assist Mr. Ruderman in the performance of this Agreement but that Mr. Ruderman will attend all regularly scheduled Council meetings and make best efforts to attend all special Council meetings unless excused by Council or the City Manager or absent due to illness, an annual vacation or to limited business commitments (such as a conference of the League of California Cities) and will supervise all services rendered under this Agreement. Michael G. Colantuono is designated as Assistant City Attorney. Should there be an occasion where the two designated attorneys are not available, it is the Firm’s
responsibility to ensure that a competent attorney is available for attendance at Council meetings. 3. Billing Procedures and Monthly Statements. A. The Firm shall submit to the City, within thirty (30) days after the end of each calendar month, an itemized statement of the professional services provided and the time expended to provide those services in the form customarily submitted by the Firm to clients which are billed on an hourly basis. The parties acknowledge that payment of all monthly statements is expected to be made within thirty (30) days of the billing date. The City will not be liable for interest or finance charges, although persistent late payment shall be a basis for the Firm to review its relationship with the City. B. Time will be charged by the Firm in increments of 1/10 of an hour (i.e., six-minute units). The rate structure in general, or the rates of attorneys of particular levels of experience, may be increased or altered from time to time, after written notice to, and approval by, the City. No such change shall affect the terms of Exhibit A to this Agreement absent amendment of this Agreement pursuant to Section 8 below. The current hourly rates of the firm’s professionals for non-retainer services are shown in Exhibit B attached hereto. C. The firm will not charge the City for the attendance of more than one attorney at any meeting, proceeding or deposition without first discussing the need to do so with the principal client contact for the matter, and will limit multiple attendance to exceptional circumstances where such attendance is necessary for the benefit of the City. 4. Costs and Expenses. A. Overhead. The Firm will charge the City for travel to and from the City at one-half the time incurred and will impose no additional charge for travel with respect to services within the scope of the retainer. The Firm will also bill the City for expenses such as inhouse duplication, outgoing facsimile charges, conference calls and other non-routine phone calls, electronic legal research outside the scope of the Firm’s Westlaw contract, delivery, expert witness fees, deposition and court reporter fees will be billed to the City with no mark up. B. Cost Recovery. Legal services that are the direct requirement resulting from a land use application (i.e., use permit, subdivision map, specific plan) or other matters that benefit a private party and legal services can be reimbursed by the private party. Reimbursable charges must be approved by the City or be part of a reimbursement agreement between the City and the third party. These charges are outside the City’s retainer and may be billed at $25 per hour above the Firm’s discounted rates as provided in Attachment B.
5. Term of the Agreement. This amended Agreement shall be effective as of July 1, 2013 and shall be and remain in full force and effect until terminated in accordance with the provisions of Section 6 hereof. 6. Termination of the Agreement. City may terminate this Agreement at any time, without cause, subject to an obligation to give notice in writing to the Firm at least thirty (30) days prior to termination. Termination is effective thirty (30) days from the date of the written notice unless otherwise specified therein. The Firm has the same right, subject to the Firm’s ethical obligations to allow the City sufficient notice to arrange alternative representation. In either circumstance, City agrees to secure new counsel as quickly as possible and to cooperate fully in the substitution of the new counsel as counsel of record in any action in which the Firm may represent the City. The Firm agrees to cooperate fully in any such transition, including the transfer of files. Notwithstanding the termination of the Firm’s representation, City will remain obligated to pay to the Firm all fees and costs incurred prior thereto. 7. Files and Records. A. All legal files of the Firm pertaining to the City shall be and remain the property of City. The Firm will control the physical location of such files during the term of this Agreement. B. The Firm shall maintain full and accurate records with respect to all matters covered under this Agreement for a period of three years after the expiration or termination of this Agreement. City shall have the right to access and examine such records, without charge, during normal business hours. City shall further have the right to audit such records, to make transcripts therefrom and to inspect all data, documents, proceedings, and activities. 8. Modifications to the Agreement. Unless otherwise provided in this Agreement, modifications relating to the nature, extent or duration of the Firm’s professional services hereunder require the prior written approval of both parties. Any such written approval shall be deemed to be a supplement to this Agreement and shall specify any changes in the Scope of Services and the agreedupon billing rates to be charged by the Firm and paid by the City. 9. Independent Contractor. No employment relationship is created by this Agreement. The Firm and its attorneys shall, for all purposes, be independent contractors to the City. The Firm and its members shall not be entitled to participate in any pension plan (including, without limitation, the
Public Employees Retirement System), insurance, bonus, or other similar benefits provided to City employees. 10. Nondiscrimination. In the performance of this Agreement, the Firm shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, sexual orientation, national origin, medical condition, or any other unlawful basis. 11. Assignment and Delegation. This Agreement contemplates the personal professional services of the Firm. Neither this Agreement nor any portion thereof shall be assigned or delegated without the prior written consent of the City. Delegation to attorneys outside the Firm shall be limited to those situations in which the Firm is disqualified by virtue of a conflict of interest, or when the Firm does not possess the expertise to competently perform services in a particular practice area. Delegation shall not be made without the prior written approval of the City Manager. The Firm shall supervise delegated work, except where precluded from doing so by virtue of a conflict of interest, and where otherwise agreed to by the parties. 12. Insurance. A. The Firm will maintain in full force and effect a professional liability insurance policy, including non-owned automobile coverage, which provides coverage of not less than $1,000,000 per occurrence and $1,000,000 aggregate. Such insurance policy will provide coverage to the City, the Successor Agency and their respective officers and employees for any damages or losses that they might suffer as a result of any negligence by the Firm. The Firm will also carry $2,000,000 in professional errors and omissions insurance. B. The Firm will maintain workers’ compensation insurance in accordance with Section 3700 of the California Labor Code. C. The Firm agrees to notify City in the event the limits of its insurance should fall below the coverages stated in paragraph A or if the insurance policies noted here are allowed to lapse and substitute insurance is not obtained. 13. Indemnification. The Firm shall indemnify, hold harmless and defend City, its officers, agents, employees and volunteers from and against any and all claims and losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from any alleged intentional, reckless, or negligent acts, errors or omissions of the Firm in the performance of this Agreement.
14. Conflicts of Interest. The Firm and its members shall comply with all applicable federal, state and local laws and regulations, including the conflict of interest provisions of Government Code Section 1090 and the Political Reform Act (Government Code Section 81000 et seq.). 15. Permits and Approvals. The Firm and its members shall obtain, at the Firm’s sole cost and expense, all permits, and licenses necessary in the performance of this Agreement. 16. Severability. If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, then such term or provision shall be amended to, and solely to, the extent necessary to cure such invalidity or unenforceability, and in its amended form shall be enforceable. In such event, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law. 17. Entire Agreement. This Agreement, together with Exhibits “A” and “B” hereto, shall constitute the full and complete agreement and understanding of the parties and shall be deemed to supersede all other written or oral statements of any party hereto relating to the subject matter hereof. IN WITNESS WHEREOF, the duly authorized representatives of the parties have caused this Agreement to be executed as of July 16, 2013.
Colantuono & Levin, PC
By: _____________________________ Michael G. Colantuono, President
City of Lakeport
By: ______________________________ Tom Engstrom, Mayor
_______________________________ Kelly Buendia, Acting City Clerk
EXHIBIT “A” SCOPE OF SERVICES AND APPLICABLE BILLING RATES I. GENERAL LEGAL SERVICES A. RETAINER SERVICES. The general legal services to be provided by the Firm to the City and the Successor Agency include: 1. Provide routine legal assistance, advice and consultation to the City Council and to City staff relating to general public law issues, potential tort liability and risk management. 2. Prepare and review legal opinions, ordinances, resolutions, agreements and related documents. 3. Attend all meetings of the City Council. Attend additional such meetings of the Planning Commission and other Boards and Commissions of the City as may from time to time be requested by the City, not to exceed 2 per month. 4. Monitor pending state and federal legislation and regulations, and new case law, as appropriate. 5. Assist the City in the development of legal and judicial remedies and processes to code compliance issues, including assisting the City in implementing provisions of its Administrative Penalty Ordinance. Retainer services do not include litigation or filing of lawsuits. 6. Prepare and / or review correspondence to be sent by City staff on legal matters such as public records requests, open meeting provisions, ethics questions, conflicts of interest, municipal code violations, and municipal code or state law interpretations. 7. Perform such other or additional general legal services as may be requested by the City, acting by and through the City Council or the City Manager. 8. Administer contracts that the City may have with other legal counsel, as directed by the City. 9. Provide attorneys on-site for regular office hours a minimum of twice per month for a total of 8 hours per month as requested by the City Manager or the City Council. Additional office hours will be provided as requested by the City Manager or the City Council and compensated pursuant to paragraph B. below. 10. Perform all duties of the office of City Attorney as provided in State law and the Lakeport Municipal Code, expect to the extent such duties are provided for in Sections II or III below.
The general legal services specified in this Paragraph A shall be provided at the rate of $6,000 per month except as provided in paragraph B. below. The City acknowledges that this sum is expected to fund approximately 30 to 35 hours per month (include travel time for meetings measured at one-half the time incurred), on average, of retainer services and City Manager and City Attorney shall cooperate and establish priorities for work to limit the City’s demand for retainer services to that amount and to require the City Attorney to work efficiently to provide for the City’s general legal service needs within that retainer. B. SPECIAL PROJECTS. Additional office hours requested by the City Manager or the City Council, and services on any single project or matter which would otherwise be within the scope of paragraph A (Retainer Services) that the City Attorney and City Manager mutually agree is reasonably likely to require more than 12 hours of professional services, shall be compensated at the rate of $185 per hour in addition to the retainer provided for in paragraph A. above. C. TASK BILLING. Upon request by City, Firm will propose flat-fee amounts to cover specific tasks under paragraph B. of this Section and under Sections II – IV below. When such task, flat-fee arrangements have been agreed upon, they shall control over the rates provided by this Agreement. II. LITIGATION SERVICES A. The Firm will provide litigation services to the City in any and all matters assigned by the City, except as delegated pursuant to paragraph 11 of the Agreement, or as otherwise agreed in writing by the Firm and the City. B. The litigation services specified in paragraph II. A. shall be billed at the regular hourly rates of the attorneys and other professionals providing such services at the time those services are provided to a maximum of $250 per hour, or as otherwise agreed pursuant to paragraph I.C. above. The non-retainer rates in effect on the Effective Date of this Agreement are set forth in Exhibit B. III. LABOR AND EMPLOYMENT LEGAL SERVICES A. The Firm will provide labor, employment and personnel legal services prior to the initiation of litigation to the City in any and all matters assigned by the City, except as delegated pursuant to paragraph 11 of the Agreement, or as otherwise agreed in writing by the Firm and the City. This paragraph excludes attendance at Council closed sessions and basic review of agreements as prepared as part of the normal course of work of the City Council, which routine services are covered under Section I above. B. The labor, employment and personnel services specified in paragraph A shall be billed at the regular hourly rates of the attorneys and other professionals providing such services at the time those services are provided to a maximum of $250 per hour, except as otherwise agreed pursuant to paragraph I.C. above.
IV. OTHER SPECIALIZED LEGAL SERVICES The specialized legal services (excluding those described above) to be provided by the Firm to the City shall include the following: 1. Advice regarding taxes, assessments, fees and other financial advice. 2. Environmental Legal Services other than routine review of negative declarations, environmental impact reports and other project-level environmental documentation. 3. Real Estate and Eminent Domain Services other than routine review of escrow documents, title reports and contracts of sale. 4. Insurance Coverage Services, such as advice and representation regarding disputes with the City’s risk pool or another insurance provider other than routine advice to tender claims to insurers. 5. Post-Redevelopment and Housing Services other than attendance at City Council meetings. 6. Water Law Services. 7. Such other specialized services as may be required by the City which are not generally provided by an in-house City Attorney’s office. The specialized legal services specified in this paragraph shall be billed at the regular hourly rates of the attorneys providing such services at the time those services are provided up to a maximum of $250 per hour. The non-retainer rates in effect on the Effective Date of this Agreement are set forth in Exhibit B.
Exhibit B Non-Retainer Hourly Billing Rates as of July 1, 2013: Shareholders and senior contract attorneys 8th year and more senior associates 7th year associates 6th year associates 5th year associates 4th year associates 3rd year associates 2nd year associates 1st year associates Paralegals Legal assistants $250 $250 $250 $250 $250 $235 $225 $195 $175 $145 $110
CITY OF LAKEPORT
City Council City of Lakeport Municipal Sewer District
RE: Request for Cancellation of the August 6, 2013 Council Meeting SUBMITTED BY: Margaret Silveira, City Manager PURPOSE OF REPORT: Information only Discussion Action Item MEETING DATE: 7/16/2013
WHAT IS BEING ASKED OF THE CITY COUNCIL/BOARD: Request to Cancel the August 6, 2013 City Council Meeting and approve Lakeport National Night Out event. BACKGROUND: The introduction of National Night Out, “America’s Night Out Against Crime”, in 1984 began an effort to promote involvement in crime prevention activities, police-community partnerships, neighborhood camaraderie and send a message to criminals letting them know that neighborhoods are organized and fighting back. NATW’s National Night Out program culminates annually, on the first Tuesday of August NATW’s Executive Director, Matt Peskin introduced National Night Out in 1984.The first National Night Out took place on Tuesday, August 7th 1984. That first year, 2.5 million Americans took part across 400 communities in 23 states. The seed had been planted. National Night Out now involves over 37 million people and 15,000 communities from all fifty states, U.S. Territories, Canadian cities, and military bases worldwide. The traditional “lights on” campaign and symbolic front porch vigils turned into a celebration across America with various events and activities including, but not limited to, block parties, cookouts, parades, visits from emergency personnel, rallies and marches, exhibits, youth events, safety demonstrations and seminars, in effort to heighten awareness and enhance community relations. Peskin said, “It’s a wonderful opportunity for communities nationwide to promote police-community partnerships, crime prevention, and neighborhood camaraderie. While the one night is certainly not an answer to crime, drugs and violence, National Night Out represents the kind of spirit, energy and determination to help make neighborhoods a safer place year round. The night celebrates safety and crime prevention successes and works to expand and strengthen programs for the next 364 days.”
DISCUSSION: Staff is requesting the cancellation of the August 6, 2013 Lakeport City Council Meeting and approval for the City of Lakeport National Night Out event. The City of Lakeport National Night Out event would be an opportunity for the community to meet and greet City Council Members and Staff and local emergency personnel.
Meeting Date: 07/16/2013 Page 1 Agenda Item #VI.A.1.
The City would provide hot dogs and drinks. The local service club has volunteered to do the cooking. The Lakeport LDS Church at 600 16th Street, has volunteered their parking lot and grounds for the event. Staff hopes to make this an annual event, which would be rotated to a different neighborhood each year. OPTIONS: Approve cancellation of the August 6, 2013 City Council Meeting and move to participate in the Lakeport National Night Out Event. No cancellation of the August 6, 2013 City Council Meeting FISCAL IMPACT: None $500 approximately Account Number: 110-1010-928 Comments:
SUGGESTED MOTIONS: Move to approve the cancellation of the August 6, 2013 Lakeport City Council Meeting and the participation of the City of Lakeport in the National Night Out event.
Meeting Date: 07/16/2013
Agenda Item #VI.A.1.
CITY OF LAKEPORT
City Council Lakeport Redevelopment Agency City of Lakeport Municipal Sewer District
RE: Sewer Consumption Allotment Increase, Commercial SUBMITTED BY: Mark Brannigan, Public Works Director PURPOSE OF REPORT: Information only Discussion Action Item MEETING DATE: 7/16/2013
WHAT IS BEING ASKED OF THE CITY COUNCIL/AGENCY/BOARD: The City Council is being asked to consider an option to increase the sewer allotment to commercial customers from the current 8 units to a proposed 10 units, and take action to approve or deny. BACKGROUND: During the rate setting process the City Council heard from businesses who were concerned about the costs of the new rates. Specifically, they were concerned about the increase to their sewer portion of the utility bill where they are charged for usage over 8 units when some of their water usage doesn’t go into the sewer. The City Council directed staff to look for ways to address this issue that is fair and equitable. At the June 18, 2013 Council/Board meeting direction was provided to staff to set into Resolution an increase of the commercial sewer consumption allotment of 8 units to 10, for Council action. DISCUSSION: Customer classifications are created to represent an average use for that class. For the sewer commercial classification 8 units (5,984 gallons) of water was allotted before a consumption charge was enacted. During the summer months a number of businesses had seen large increases to their utility bill because of water usage that was not going into the sewer. An investigation into the matter revealed that the customers did not have an irrigation meter and that the allotted 8 units were not adequate to account for summer irrigation. An analysis on ways to address this discrepancy in a fair and equitable manner resulted in a recommendation to increase the allotted units to 10 (7,480 gallons) before enacting the usage fee. This increase to the commercial usage allotment is estimated to reduce anticipated sewer revenues by $16,435. This reduction to revenue will not impact operations, but will reduce the amount of money collected for sewer reserves. OPTIONS: Adopt the proposed Resolution amending Resolution No. 2463 (2012) Sewer User Rates, Section C, 3 “Volume Charge” to allow for the 10 units of usage for commercial customers, or provide direction to staff. FISCAL IMPACT: None $16,435 Account Number: 601-3070 Comments: It’s estimated that sewer revenues will be reduced by $16,435, if adopted. SUGGESTED MOTIONS:
Meeting Date: 07/16/2013 Page 1 Agenda Item #VI.B.1.
Move to adopt the proposed Resolution and amend the Sewer User Rates for Commercial Customers Volume Charge, established with Resolution No. 2463 (2012), increasing the allotted consumption amount from 8 units to 10.
Resolution ____ (2013)
Meeting Date: 07/16/2013
Agenda Item #VI.B.1.
RESOLUTION NO. ____ (2013)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKEPORT ACTING AS THE GOVERNING BOARD OF THE CITY OF LAKEPORT MUNICIPAL SEWER DISTRICT NO. 1 (CLMSD) AMENDING RESOLUTION NO. 2463 (2012) ESTABLISHING SEWER RATES, FEES AND CHARGES
WHEREAS, pursuant to Chapter 13.20 of the City of Lakeport Municipal Code, the Governing Board of the City of Lakeport Municipal Sewer District No. 1 (CLMSD) may fix rates and fees for sewer service within the City of Lakeport; and WHEREAS, pursuant to Chapter 13.20 of the City of Lakeport Municipal Code, the CLMSD Board of Directors must establish sewer fees by RESOLUTION; and WHEREAS, the City Council (CLMSD Board) wishes to adopt sewer rates and charges that are equitable and fairly distribute the burden of system costs among the various classes of customers, and WHEREAS, the City Council (CLMSD Board) wishes to adopt sewer rates and charges in conjunction with the proposed budgetary needs of the sewer collection and treatment utility; and WHEREAS, pursuant to Resolution No. 2463 (2012), the City Council (CLMSD Board) adopted sewer rates after notice and hearing pursuant to article XIII D, section 6, subdivision (a) of the California Constitution., at which no majority protest occurred; and WHEREAS, a public hearing was held on June 18, 2013, to consider the proposed sewer consumption allotment increase; and WHEREAS, the sewer rates, fees, and charges adopted by Resolution No. ____ (2013) are retroactive because they are a reduction in rates and not an increase in rates. NOW, THEREFORE, BE IT RESOLVED THAT: The City Council of the City of Lakeport, sitting as the governing body of the City of Lakeport Municipal Sewer District No. 1, determines that: 1. EVIDENCE
The City Council has considered all of the evidence submitted into the administrative record, which includes, but is not limited to, the following: a. The staff presentations at the public hearing conducted by the Board of Directors;
b. Public comments, both written and oral, received and/or submitted at, or prior to, the public hearing(s) supporting and/or opposing the staff recommendation. 2. FINDINGS
In view of all of the evidence and based on the foregoing findings, the City Council (CLMSD Board) concludes as follows: a. The proposed sewer rates and charges are equitable and do fairly distribute the burden of cost among the various classes of customers; b. The proposed rates and charges will meet the current budgetary needs of the sewer utility. c. The proposed sewer rates meet the revenue requirements necessary to adequately operate the sewer utility system. d. The proposed sewer rates comply with the requirements of article XIII D, section 6, subdivision (b) for the reasons stated in rate analysis performed by HDR, Inc. in connection with Resolution No. 2463 (2012). 3. SEWER USER RATES
Pursuant to Municipal Code Section 13.20.060, the City Council, acting as the CLMSD Board of Directors, hereby amends the following rates imposed under Resolution No. 2463 (2012) and establishes the following sewer user rates for Sewer Service within the sewer utility service area. C. Schedule D – Commercial Customers 3. Volume Charge a. There shall be no additional charge for first 10 hundred cubic feet of water served to an account per month. b. When water served to an account exceeds 10 hundred cubic feet per month, an additional volume charge per each hundred cubic feet shall be charged.
Effective Date: 0-10 CCF Above 10 CCF
7/1/2013 1/1/2014 1/1/2015 1/1/2016 1/1/2017 $0.00 $0.00 $0.00 $0.00 $0.00 $6.43 $7.59 $8.31 $8.81 $8.81
Except as amended by this Resolution, the rates adopted by Resolution No. 2463 (2012) remain in full force and effect.
This resolution was considered at a public hearing held on July 16, 2013, and was adopted by the CLMSD Board of Directors at a meeting held on July 16, 2013, by the following vote: AYES: NOES: ABSTAINING: ABSENT:
Resolution No. ____ (2013)
____________________________________ THOMAS ENGSTROM, Mayor/Chairperson
APPROVED AS TO FORM:
________________________________ _ KELLY BUENDIA, Deputy City Clerk/Acting Secretary
___________________________________ DAVID J. RUDERMAN, Interim City Attorney
Resolution No. ____ (2013)
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