AGENDA

JOINT MEETING OF THE LAKEPORT CITY COUNCIL, AND THE CITY OF LAKEPORT MUNICIPAL SEWER DISTRICT
Tuesday, October 01, 2013 City Council Chambers, 225 Park Street, Lakeport, California 95453
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.

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.

6:00 p.m.

IV.

CONSENT AGENDA:

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

Ordinances: Warrants: Minutes: Grand Jury Report Application 2013-017 Application 2013-018

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 September 18, 2013. Approve minutes of the regular City Council meeting of September 17, 2013. Review and approve the City’s response to the 2012-2013 Lake County Civil Grand Jury Oversight report regarding the Lakeport Police Department. Approve Application 2013-017 for the Clear Lake High School Homecoming parade on October 11, 2013. Approve Application 2013-018 for the Harvest Revelation Block Party on Mellor Drive, sponsored by the Eternally Wired Youth Ministry on October 31, 2013.
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.

PUBLIC PRESENTATIONS/REQUESTS: A. Citizen Input:

VI.

COUNCIL BUSINESS: A. Public Works Director 1. Sewer Service Charge Implementation Adopt a resolution to change the date of monthly service charge increases for sewer rates from January 1, 2014 to July 1, 2014.

VII. VIII.

CITY COUNCIL COMMUNICATIONS: A. Miscellaneous Reports, if any: Adjourn ADJOURNMENT:

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. The City of Lakeport, in complying with the Americans with Disabilities Act (ADA), requests individuals who require special accommodations to access, attend and/or participate in the City meeting due to disability, to please contact the City Clerk’s Office, (707) 263-5615, 72 hours prior to the scheduled meeting to ensure reasonable accommodations are provided.

_______________________________________ Hilary Britton, Acting Deputy City Clerk

JOINT MEETING OF THE LAKEPORT CITY COUNCIL, THE LAKEPORT REDEVELOPMENT SUCCESSOR AGENCY, AND THE CITY OF LAKEPORT MUNICIPAL SEWER DISTRICT
Tuesday, September 17, 2013

MINUTES

I.

CALL TO ORDER & ROLL CALL:

Mayor Engstrom called the Joint Meeting of the Lakeport City Council, The Lakeport Redevelopment Successor Agency, and the City of Lakeport Municipal Sewer District to order at 6:00 p.m. with Council members Mattina, Parlet, and Spillman present. Council member Scheel was absent. The Pledge of Allegiance was led by Lakeport Police Officer Basor. A motion was made by Council member Spillman, seconded by Council member Mattina, and unanimously carried by voice vote, with Council member Scheel absent, to accept agenda as posted. There were no urgency items.
For this Joint meeting, Lakeport City Council members are also serving as Directors of the Lakeport Redevelopment Successor Agency and the City of Lakeport Municipal Sewer District.

II. III.

PLEDGE OF ALLEGIANCE: ACCEPTANCE OF AGENDA:

Urgency Items: IV. CONSENT AGENDA: A. B. C. D. E. F. G. Ordinances: Warrants: Minutes: Building Permit Report Conflict of Interest Policy City Manager Contract Recognized Obligation Payment Schedule 13-14B 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 August 21, 2013, and September 6, 2013. Approve minutes of the regular City Council meeting of September 3, 2013. Review and file Building Permit Reports from August 2013. Adopt a revised Conflict of Interest policy for the City of Lakeport. Approve revisions to the Agreement for Services with City Manager Margaret Silveira. Approve Redevelopment Successor Agency Recognized Obligation Payment Schedule (ROPS) 13-14B. A motion was made by Council member Mattina, seconded by Council member Parlet, and unanimously carried by voice vote, with Council member Scheel absent, to approve the consent calendar items A-G, as presented. There was no citizen input. Police Chief Brad Rasmussen was presented his POST Executive Certificate by Karen Lozito, Senior Law Enforcement Consultant with the Commission on Peace Officer Standards and Training (POST). Police Chief Rasmussen introduced Officer Angela Bell as the newest employee in the Police Department.

V.

PUBLIC PRESENTATIONS/REQUESTS: A. B. Citizen Input: POST Executive Certificate

C. VI.

Introduction of New Employee

COUNCIL BUSINESS: A. City Attorney 1. Senior Mobile Home Rent Control Initiative Interim City Attorney Ruderman presented the 30 day report required under Elections Code section 9212 analyzing the Senior Mobile Home Rent Control Initiative, and responded to questions from the Council. Mayor Engstrom called for comments from the public. Nelson Strasser, William Eaton, Maria Teeter, John Mitchell, Richard Forbes and Joyce Pearson spoke in favor of placing the initiative on the ballot. Mary Ann McQueen, Bill Cline, and Doug Johnson spoke against placing the initiative on the ballot. A motion was made by Council member Mattina, seconded by Mayor Engstrom,

City Council Agenda of September 17, 2013

Page 2

and unanimously carried by roll call vote, to receive the Interim City Attorney’s report required under Elections Code section 9212 on the Senior Mobile Home Rent Control Initiative; and adopt a resolution to place the measure on the ballot. The roll call vote was as follows; Ayes: Mayor Engstrom, Council members Mattina, Parlet, and Spillman Noes: None Abstaining: None Absent: Council member Scheel BREAK B. Finance Director 1. Pension Side Fund Finance Director Buffalo presented the staff report requesting the Council to adopt a resolution authorizing the execution and delivery of a Loan Agreement to refinance outstanding side fund obligations of the City to the California Public Employees’ Retirement System, and direct the filing of a Judicial Validation Action with respect thereto and providing other matters relating thereto. Cameron Weist, Bond Counsel, provided additional information to the Council. Mike Meyer of P2 Capital Advisors, answered questions of the Council. A motion was made by Council member Mattina, seconded by Council member Spillman, and unanimously carried by voice vote, with Council member Scheel absent to adopt a resolution authorizing the execution and delivery of a Loan Agreement to refinance outstanding side fund obligations of the City to the California Public Employees’ Retirement System, and direct the filing of a Judicial Validation Action with respect thereto and providing other matters relating thereto. C. Planning Services Manager 1. Mobile Catering Time Limit Waiver Planning Services Manager Britton presented the staff report recommending approval of the time limit waive application submitted by the owners of Hey ...Hot Dog mobile catering business. Joey DiDonato, applicant, answered questions of the Council. Mayor Engstrom called for comments from the public. Nancy Ruzika, owner of the High Street Shopping Center, expressed concerns regarding the aesthetic appearance of the cart, and the number of hours in one place. A motion was made by Council member Spillman, seconded by Council member Mattina, and unanimously carried by voice vote, with Council member Scheel absent to approve the application for a Time Limit Waiver submitted by the Hey…Hot Dog mobile catering business, as amended. Amendments are as follows: 1. 2. Changes to recommended conditions item 1.b.: applicant must be 23 foot distance from bus stop red zone. Changes to recommended conditions item 1.c.: strike last part of sentence. Corrected sentence to read: “The applicant shall not park the hot dog cart's tow vehicle on Main Street or other areas designated for two-hour parking”. Add a condition (item 1.e.) that the Time Limit Waiver is subject to Council review annually, preferably as a Consent Agenda item. Mayor Engstrom called for a five minute break at 7:10 p.m., the meeting resumed at 7:15 p.m.

3. VII. CITY COUNCIL COMMUNICATIONS:

City Council Agenda of September 17, 2013

Page 3

A.

Miscellaneous Reports, if any:

Council member Spillman reported that Kathy Windrem will be leaving the Lakeport Main Street Association in November. Council member Mattina reported out of the APC meeting that Caltrans work on Highway 29 will be coming in the next few years. Lake Transit buses are running again. She attended a neighborhood watch meeting for North Main Street. This group is interested in hosting a National Night Out block party. She will be attending the League of California Cities Conference this week. Council member Parlet will be attending the League of California Cities Conference, and is looking forward to the seminars and team building. Planning Services Manager Britton reported that the Regional Housing Needs Allocation Formula was approved at APC last week with a slight decrease in low income housing designation. He also reported on Water Board meeting related to the storm water permit. Chief Rasmussen will be attending the League Conference. City Engineer Harter will be out at jury duty this week. Finance Director Buffalo will be attending the League Conference. The financial year end reports will be presented in November after the audit. Public Works Director Brannigan attended a meeting related to automated controls at the water treatment plant as part of the USDA projects. Hartley Street will be striped tomorrow. City Attorney Ruderman had no report. City Manager Silveira reported that she will be attending the League Conference and that Kelly Buendia will be Acting City Manager in her absence. Mayor Engstrom had no report.

VIII.

ADJOURNMENT:

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

_______________________________________ THOMAS ENGSTROM, Mayor/Chair _______________________________________ KELLY BUENDIA, Acting City Clerk/Secretary

CITY OF LAKEPORT
City Council City of Lakeport Municipal Sewer District

STAFF REPORT
RE: Response to Grand Jury Oversight of Lakeport Police Dept. MEETING DATE: 10-01-2013 SUBMITTED BY: Chief Brad Rasmussen & City Manager Margaret Silveira PURPOSE OF REPORT: Information only Discussion Action Item

WHAT IS BEING ASKED OF THE CITY COUNCIL/BOARD: The City Council is being asked to review and approve the City's response to the 2012-2013 Lake County Civil Grand Jury Oversight report regarding the Lakeport Police Department. BACKGROUND: The 2012-2013 Lake County Civil Grand Jury conducted an oversight of the Lakeport Police Department and made 5 findings and 4 recommendations. The findings and recommendations are outlined in the attached Grand Jury report titled Lakeport Police Department Oversight. The Grand Jury has requested a response from the Lakeport Police Department and the Lakeport City Council. DISCUSSION: The Police Chief and City Manager carefully reviewed and considered the findings and recommendations of the Grand Jury and drafted a response regarding them. OPTIONS: Approve city response letter as submitted or request staff to make modifications. FISCAL IMPACT: None $ Account Number: Comments: SUGGESTED MOTIONS: Move to approve the response letter as submitted and authorize the Mayor and staff to sign. Attachments: Attachment 1: 2012-2013 Lake County Civil Grand Jury oversight report of the Lakeport Police Department. Attachment 2: Draft of City response letter to the Lake County Civil Grand Jury

Meeting Date: 10/01/2013

Page 1

Agenda Item #IV.D.

ATTACHMENT 1

ATTACHMENT 1

ATTACHMENT 1

ATTACHMENT 2 CITY OF LAKEPORT
Over 100 years of community pride, progress and service

September 26, 2013 The Honorable Steven O. Hedstrom Presiding Judge of the Superior Court County of Lake Grand Jury P.O. Box 1078 Kelseyville, CA 95451 RE: CITY OF LAKEPORT RESPONSE TO THE FY 2012/2013 LAKE COUNTY CIVIL GRAND JURY FINAL REPORT Dear Mr. L.M. (Sonny) Sweigert and Members of the Grand Jury: Thank you for your time and service to the 2012-2013 Lake County Civil Grand Jury. With regard to the “Lakeport Police Department (LPD) Oversight”, below please find a response to findings: F1-R1. Although LPD budget allocations have declined in recent years and sworn staffing is at a reduced level the department has reorganized and increased community policing programs in order to continue to provide effect police coverage and safety to the Lakeport community. Searching for available grants is an ongoing process for LPD. In fact, the LPD in the past 12 months has researched, applied for, and received Indian Gaming Funds, Federal US Department of Justice Body Armor Funds, Board of State and Community Correction Funds for increased Felony enforcement. F2-R2. Although the school resource officer was unfilled for the 2012-13 fiscal year, the program remains funded and the City is currently recruiting and training officers and anticipates filling this position in the near future. The Police department continues to provide service to the Lakeport Unified School District whenever possible. F3-R3. Despite the loss of the canine the police department continues to make efforts to eradicate drugs in the schools and community by enforcement and education. The LPD is currently researching opportunities to reinstitute the canine program, through community funding or possibly assets forfeiture funds. F4-R4. LPD is researching and will look into implementing the YANA program when possible.
225 PARK STREET • LAKEPORT, CALIFORNIA 95453 • TELEPHONE (707) 263-5615 • FAX (707) 263-8584

ATTACHMENT 2 F5. In January 2013, the City Council authorized filling a vacant police position bring the total number of full time sworn positions to 10. We appreciate the efforts of the Grand Jury and hope that the above responses clarify your questions. Sincerely,

____________________________________ Thomas Engstrom, Mayor

______________________________ Margaret Silveira City Manager

_____________________________________ Brad Rasmussen Police Chief

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

From: To: Cc: Subject: Date:

Pheakdey Preciado Janel Chapman Barbara Loveless; James Scott RE: App 2013-017 - CLHS Homecoming Parade Wednesday, September 18, 2013 8:45:39 AM

Good Morning Janel,   Our office has no problems-no food is being proposed.   Thank you, pheakdey  
From: Janel Chapman [mailto:jchapman@cityoflakeport.com] Sent: Tuesday, September 17, 2013 2:23 PM To: Barbara Loveless; Cheryl Bennett; Cheryl Smart; Dale Stoebe; Doug Grider; Ellen Dills; Jason Ferguson; Jim Kennedy; Kevin Odom; Linda Sobieraj; Lori Price; Management Team; Pheakdey Preciado; Tina Banuet Subject: App 2013-017 - CLHS Homecoming Parade

  Please find attached application 2013-17 for the Clear Lake High School Homecoming parade on 10/11/2013.   This application will be considered at the 10/01/2013 City Council meeting, so please have your comments back to me no later than 09/25/2013.   Thank you,   Hilary Britton On behalf of:  
Janel Chapman, City Clerk City of Lakeport 225 Park Street Lakeport, CA 95453 Phone:  (707) 263-5615, Ext. 12 Fax:  (707) 263-8584 jchapman@cityoflakeport.com

 

From: To: Subject: Date:

Lori Price Janel Chapman RE: App 2013-017 - CLHS Homecoming Parade Tuesday, September 17, 2013 2:48:58 PM

Good afternoon Hilary,   Thank you for the opportunity to comment on this event.  I have reviewed the application and it does not appear that this parade will impact County roads in any way.  We therefore have no official comments to add to this application.   Sincerely,   Lori Price Secretary III Lake County Department of Public Works 255 N. Forbes Street, Rm 309 Lakeport, CA 95453 (707) 263-2341 lorip@co.lake.ca.us
From: Janel Chapman [mailto:jchapman@cityoflakeport.com] Sent: Tuesday, September 17, 2013 2:23 PM To: Barbara Loveless; Cheryl Bennett; Cheryl Smart; Dale Stoebe; Doug Grider; Ellen Dills; Jason Ferguson; Jim Kennedy; Kevin Odom; Linda Sobieraj; Lori Price; Management Team; Pheakdey Preciado; Tina Banuet Subject: App 2013-017 - CLHS Homecoming Parade

  Please find attached application 2013-17 for the Clear Lake High School Homecoming parade on 10/11/2013.   This application will be considered at the 10/01/2013 City Council meeting, so please have your comments back to me no later than 09/25/2013.   Thank you,   Hilary Britton On behalf of:  
Janel Chapman, City Clerk City of Lakeport 225 Park Street Lakeport, CA 95453 Phone:  (707) 263-5615, Ext. 12 Fax:  (707) 263-8584 jchapman@cityoflakeport.com

From: To: Cc: Subject: Date:

Mark Ferguson Janel Chapman Kelly Buendia; Doug Grider RE: Certificate of Coverage - Parade Application Thursday, September 19, 2013 9:39:11 AM

Hilary,   The additional insured coverage is not acceptable with the wording of “respects to the sole negligence of Lakeport School District.”  If there was an accident and the district wasn’t 100% at fault, the city would not have coverage from this policy.   Mark Ferguson REMIF  
From: Janel Chapman [mailto:jchapman@cityoflakeport.com] Sent: Wednesday, September 18, 2013 11:45 AM To: Mark Ferguson (mferguson@REMIF.com) Cc: Kelly Buendia; Doug Grider Subject: Certificate of Coverage - Parade Application

  Hi Mark,   Please find attached a certificate of coverage submitted to the City by the Lakeport Unified School District as part of their application to hold a parade on City streets.   The City is named as the certificate holder, but on the endorsement page (pg 3 of the attachment) for Additional Covered Party it is noted that “The City of Lakeport is included as an Additional Covered Party but only as respects to the sole negligence of Lakeport Unified School District”.   Is this sufficient coverage for this type of event?  If not, what should we require from the District?   Please let me know what you think.  This is scheduled to go before the City Council for approval on 10/01/2013, so I would need your reply by 09/25/2013.   Thank you in advance for your assistance,   Hilary Britton On behalf of:  
Janel Chapman, City Clerk City of Lakeport 225 Park Street

From: To: Cc: Subject: Date:

Police Chief Janel Chapman Executive Management; Jason Ferguson; Lou Riccardi; Jarvis Leishman; Dale Stoebe; Kevin Odom Re: App 2013-017 - CLHS Homecoming Parade Thursday, September 26, 2013 10:22:57 AM

No police concerns.  Police will need 4 staff or volunteers to assist public works with traffic controls.   Fiscal impact to police is approximately $408.00. Brad Rasmussen Chief of Police On Sep 17, 2013, at 2:27 PM, "Janel Chapman" <jchapman@cityoflakeport.com> wrote: <image001.gif> Please find attached application 2013-17 for the Clear Lake High School Homecoming parade on 10/11/2013.   This application will be considered at the 10/01/2013 City Council meeting, so please have your comments back to me no later than 09/25/2013.   Thank you,   Hilary Britton On behalf of:    
Janel Chapman, City Clerk City of Lakeport 225 Park Street Lakeport, CA 95453 Phone:  (707) 263-5615, Ext. 12 Fax:  (707) 263-8584 jchapman@cityoflakeport.com

  <App 2013-17 - CLHS Homecoming Parade.pdf>

From: To: Cc: Subject: Date:

Pheakdey Preciado Janel Chapman James Scott; Barbara Loveless RE: Application 2013-018 - Harvest Revelation Block Party Friday, September 20, 2013 4:10:07 PM

Good Afternoon Janel,   Our office has no problems with the candies.  The candies must be prepackaged, non-potentially hazardous, and must be obtained from an approved source.   Thank you, pheakdey  
From: Janel Chapman [mailto:jchapman@cityoflakeport.com] Sent: Thursday, September 19, 2013 5:04 PM To: Barbara Loveless; Cheryl Bennett; Cheryl Smart; Dale Stoebe; Doug Grider; Ellen Dills; Executive Management; Jason Ferguson; Jim Kennedy; Kevin Odom; Linda Sobieraj; Lori Price; Pheakdey Preciado; Tina Banuet Subject: Application 2013-018 - Harvest Revelation Block Party

  Please find attached application 2013-018 from the Eternally Wired Youth Ministries for their 2 nd Annual Harvest Revelation event on 10/31/2013.   Since they will once again be requesting street closures on 19 th street and Hartley, as well as 20 th and Mellor (see map), the applicant is being required to obtain permission from the neighbors affected.  They will collect signatures from the neighborhood, and submit these to the City Council, if requested.   I would like to try to get this on the agenda for the 10/01/2013 Council meeting if possible, so please get your comments back to me by close of business on 09/25/2013.   Since this is only the second year that this event has been proposed, please be sure to let me know of any issues that may have arisen from last year’s event that may need to be addressed.   Thank you,   Hilary Britton On behalf of:  
Janel Chapman, City Clerk City of Lakeport 225 Park Street Lakeport, CA 95453

From: To: Cc: Subject: Date:

Police Chief Janel Chapman Doug Grider Re: Application 2013-018 - Harvest Revelation Block Party Thursday, September 26, 2013 10:16:11 AM

No police concerns.  No issues with event last year. No fiscal impact to Police. Brad Rasmussen Chief of Police On Sep 19, 2013, at 5:04 PM, "Janel Chapman" <jchapman@cityoflakeport.com> wrote: > > Please find attached application 2013-018 from the Eternally Wired Youth Ministries for their 2nd Annual Harvest Revelation event on 10/31/2013. > > Since they will once again be requesting street closures on 19th street and Hartley, as well as 20th and Mellor (see map), the applicant is being required to obtain permission from the neighbors affected.  They will collect signatures from the neighborhood, and submit these to the City Council, if requested. > > I would like to try to get this on the agenda for the 10/01/2013 Council meeting if possible, so please get your comments back to me by close of business on 09/25/2013. > > Since this is only the second year that this event has been proposed, please be sure to let me know of any issues that may have arisen from last year’s event that may need to be addressed. > > Thank you, > > Hilary Britton > On behalf of: > > Janel Chapman, City Clerk > City of Lakeport > 225 Park Street > Lakeport, CA 95453 > Phone:  (707) 263-5615, Ext. 12 > Fax:  (707) 263-8584 > jchapman@cityoflakeport.com > > <App 2013-018 - Eternally Wired (Harvest Revelation).pdf> > <image001.gif>

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

STAFF REPORT
RE: Delay of Monthly Sewer Service Charge Implementation SUBMITTED BY: Mark Brannigan, Public Works Director PURPOSE OF REPORT: Information only Discussion Action Item MEETING DATE: 10/01/2013

WHAT IS BEING ASKED OF THE CITY COUNCIL/AGENCY/BOARD: The City Council/CLMSD Board is being asked to authorize a Resolution that delays the date of monthly service charge increases from January 1st to July 1st for sewer rates. BACKGROUND: On October 2, 2012 the City Council/CLMSD Board adopted Resolution No. 2463 (2012) which established new rates, fees, and charges for sewer services. The Council gave direction to staff to postpone the implementation date for the rate increase to July 1, 2013, and look into ways to assist the commercial customer classification for the required volume charge. At the July 16, 2013 Council meeting Resolution No. 2478 (2013) was passed to provide the commercial customer with 10 units of usage before a volume charge was applied. Although Council directed the initial sewer rate increase to occur on July 1, 2013, its direction to staff regarding the future annual increases was ambiguous and Resolution No. 2463 (2012) and Resolution No. 2478 (2013) included January 1, 2014 as the next scheduled increase. DISCUSSION: Under Resolution No. 2463 (2012) and Resolution No. 2478 (2013), the next scheduled rate increase will occur on January 1, 2014. This increase is six months from the initial July 1, 2013 rate increase. The proposed Resolution provides a full 12 months between the July 1, 2013 implementation of the sewer rate increases by amending Resolution No. 2463 (2012) and Resolution No. 2478 (2013). The proposed Resolution would provide an additional six months and have the proposed rate increase on July 1, 2014 and continuing on July 1 thereafter through 2017. Because the proposed Resolution does not change the amount of the sewer charge and only delays when the approved increases occur, it does not constitute a rate increase that would trigger a Proposition 218 proceeding. OPTIONS: Adopt the proposed Resolution amending Resolution No. 2463 (2012) and Resolution No. 2478 (2013) to allow for the 1 year interval before the next sewer rate increases. Keep the current Resolutions in force with the next scheduled sewer rate increase scheduled for January 1, 2014, with scheduled one year intervals afterwards. FISCAL IMPACT: None $ Account Number:
Page 1 Agenda Item #VI.A. Meeting Date: 10/01/2013

Comments: Adoption of this Resolution will delay the next schedule sewer rate increase until the next fiscal year, and reduce the expected amount of revenue for this fiscal year. SUGGESTED MOTIONS: Move to adopt the proposed Resolution and amend Resolution No. 2463 (2012) and Resolution No. 2478 (2013) providing an additional six months before the next sewer rate increase, continuing annually thereafter through 2017. Attachments: Attachment 1: Resolution No. 2463 (2012) Attachment 2: Resolution No. 2478 (2013) Attachment 3: Proposed Resolution No. ____(2013) Establishing Sewer rates, fees, and charges to delay the date of monthly service charge increases.

Meeting Date: 10/01/2013

Page 2

Agenda Item #VI.A.

ATTACHMENT 1

ATTACHMENT 1

ATTACHMENT 1

ATTACHMENT 1

ATTACHMENT 1

ATTACHMENT 1

ATTACHMENT 1

ATTACHMENT 1

ATTACHMENT 2

ATTACHMENT 2

ATTACHMENT 2

ATTACHMENT 3

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) AND RESOLUTION NO. 2478 (2013) ESTABLISHING SEWER RATES, FEES AND CHARGES TO DELAY THE DATE OF MONTHLY SERVICE CHARGE INCREASES
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; WHEREAS, pursuant to Chapter 13.20 of the City of Lakeport Municipal Code, the CLMSD Board of Directors must establish sewer fees by resolution; WHEREAS, the CLMSD Board of Directors wishes to adopt sewer rates and charges that are equitable and fairly distribute the burden of system costs among the various classes of customers; WHEREAS, the CLMSD Board of Directors wishes to adopt sewer rates and charges in conjunction with the proposed budgetary needs of the sewer collection and treatment utility; WHEREAS, pursuant to Resolution No. 2463 (2012), the CLMSD Board of Directors 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; WHEREAS, the CLMSD Board of Directors amended Resolution No. 2463 (2012) on July 16, 2013 to reduce rates for the volumetric charge for commercial customers under Resolution No. 2478 (2013); WHEREAS, the CLMSD Board of Directors authorized the initial increase in monthly service charges to begin on July 1, 2013 under Resolution No. 2463 (2012); WHEREAS, the CLMSD Board of Directors desires the next monthly service charge adjustment to occur after 12 months and therefore to begin on July 1, 2014, and increasing each year thereafter through July 1, 2017; WHEREAS, a public hearing was held on October 1, 2013, to consider the proposed delay of yearly monthly service charge increases for six months; and WHEREAS, the sewer rates, fees, and charges adopted by this Resolution No. ____ (2013) are not an increase in rates, but instead serve only to delay the yearly increases authorized by Resolution No. 2463 (2012).

120946.2

ATTACHMENT 3

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: Board); a. The staff presentations at the public hearing conducted by the City Council (CLMSD

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 sewer rates and charges will meet the current budgetary needs of the sewer utility; c. The proposed sewer rates and charges meet the revenue requirements necessary to adequately operate the sewer utility system; d. The proposed sewer rates and charges comply with the requirements of article XIII D, section 6, subdivision (b) for the reasons stated in rate analysis performed by HDR, Inc. 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. A. Single-Dwelling Unit Residential Customers 1. Applicable to Single-Dwelling Unit Residential Customers, duplexes, triplexes, and mobile homes. 2. Monthly Service Charge shall be effective as follows:

Resolution No. ____ (2013)
120946.2

Page 2

ATTACHMENT 3

Effective Date: North Amount: South Amount:

7/1/2013 7/1/2014 7/1/2015 7/1/2016 7/1/2017 $53.25 $62.52 $70.07 $74.25 $74.25 $55.60 $65.00 $70.07 $74.25 $74.25

B. Schedule B – Apartments 1. Applicable to apartments. 2. Monthly Service Charge shall be effective as follows: Effective Date: North Amount: South Amount: 7/1/2013 7/1/2014 7/1/2015 7/1/2016 7/1/2017 $42.40 $49.30 $54.00 $57.25 $57.25 $42.70 $49.80 $54.00 $57.25 $57.25

C. Schedule D – Commercial Customers 1. Applicable to commercial, industrial, governmental, temporary construction, and any other sewer service for which no rate schedule is specified. 2. Monthly Service Charges shall be effective as follows: Effective Date: North Amount: South Amount: 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 7/1/2014 7/1/2015 7/1/2016 7/1/2017 $0.00 $0.00 $0.00 $0.00 $0.00 $6.43 $7.59 $8.31 $8.81 $8.81 7/1/2013 7/1/2014 7/1/2015 7/1/2016 7/1/2017 $53.25 $62.52 $70.07 $74.25 $74.25 $55.60 $65.00 $70.07 $74.25 $74.25

Except as amended by this Resolution, the rates adopted by Resolution No. 2463 (2012), as amended by Resolution No. 2478 (2013), remain in full force and effect.

Resolution No. ____ (2013)
120946.2

Page 3

ATTACHMENT 3

This resolution was considered at a public hearing held on October 1, 2013, and was adopted by the CLMSD Board of Directors at a meeting held on October 1, 2013, by the following vote: AYES: NOES: ABSTAINING: ABSENT: _________________________________ THOMAS ENGSTROM, Mayor / Acting Chairperson

ATTEST: ____________________________________ KELLY BUENDIA, Acting City Clerk/Acting Secretary

Resolution No. ____ (2013)
120946.2

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