110612 Lakeport City Council Agenda Packet

7/31/2019 110612 Lakeport City Council Agenda Packet

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

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

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

II. PLEDGE OF ALLEGIANCE:

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

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

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

take action arose subsequent to the Agenda being posted.

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

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

Consent Calendar portion of this agenda.

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

meeting for either introduction or passage per Government Code Section 3693

B. Warrants: Approve warrant register from October 24, 2012.

C. Minutes: Approve minutes of the regular City Council meetings of October 2, 2012 and

October 16, 2012.

D. Rejection of Claim Reject claim of David Mendoza upon advice of REMIF and City Attorney.

E. Building Permits Report Review and file Building Permit reports.

V. PUBLIC PRESENTATIONS/REQUESTS:

A. Citizen Input: Any person may speak for 3 minutes about any subject within the authority of the City Council, provided that thesubject is not already on tonights agenda. Persons wishing to address the City Council are required to complete

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 e xpress a consensus of approval or disapproval on any public comments regarding matters

which do not appear on the printed agenda.

B. Presentation to Martial Arts

Champions

Recognition to Jon nie Waner and Alicia Pea for excellence in martial arts.

C. Presentations for Participation in the

Disaster Preparedness Fair

Presentations to Brunos Foods and Mendo Mill for partnership in the Annual

Disaster Preparedness Fair

D. Presentation of Certificate of

Recognition for Budget Preparation

Presentation to Finance Director, Dan Buffalo of a Certificate of Recognition fo

Budget Preparation from the Government Finance Officers Association.

VI. COUNCIL BUSINESS:

A. City Manager

1. Prepare a Response to the Lake

County Board of Supervisors

Prepare a response to the Lake County Board of Supervisors request to meet t

discuss the City of Lakeport looped water project, the South Main Street

Annexation and the Lampson Field wastewater issue.

B. Community Development Director

1. Report and Recommendation From

the Mobile Catering Ordinance Review

Committee

Consider the report and recommendation of the ad hoc Mobile Catering

Ordinance Review Committee.

AGENDAREGULAR MEETING OF THE LAKEPORT CITY COUNCIL AND THE BOARD O

DIRECTORS OF THE CITY OF LAKEPORT MUNICIPAL SEWER DISTRICTTuesday, November 6, 2012

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


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City Council Agenda of November 6, 2012 Page 2

C. Administrative Services Director

1.Request to Lift Hiring Freeze forBudgeted Positions

Approve the removal of the hiring freeze and allow staff to fill budgeted positio

as vacancies occur.

2. Request for Police Lieutenant and

Office Specialist Positions

Move to approve the reorganization from three Police Sergeants to one Police

Lieutenant and two Police Sergeants and authorize the internal promotional

recruitment for the Lieutenant position. Move to approve hiring of a full-time

Confidential Office Specialist.D. Public Works Director

1. Hiring Freeze Exemption Approve an exemption from the hiring freeze for the for a Parks MaintenanceWorker 1 position.

E. City Attorney

1. Housing Loan Short Sale Request

707 Twentieth Street

Accept a ten percent payoff of approximately $700 in net funds from the sale o

707 Twentieth Street in Lakeport.

VII. CITY COUNCIL COMMUNICATIONS:

A. Miscellaneous Reports, if any:

VIII. CLOSED SESSION: Pursuant to Government Code Section 54957, Public Employee

Performance Evaluation: City Attorney.

Pursuant to Government Code Section 54957.6 Conference with Labor

Negotiator: Unrepresented Employees: City Manager and City Attorney.

Pursuant to Government Code 54957, Public Employment Appointment:

Planning Services Manager and Department Secretary.

IX. REPORT FROM CLOSED SESSION:

X. 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

225 Park Street, Lakeport, California, during normal business hours. Such documents are also available on the City of Lakeports website,www.cityoflakeport.com, sub

to staffs ability to post the documents before the meeting.

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

make reasonable arrangements to ensure accessibility to this meeting.

_______________________________________

Kelly Buendia, Deputy City Clerk
http://www.cityoflakeport.com/http://www.cityoflakeport.com/http://www.cityoflakeport.com/http://www.cityoflakeport.com/


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I. CALL TO ORDER & ROLL CALL: Mayor Mattina called the regular meeting of the City Council of the City of

Lakeport and the Board of Directors of the Lakeport Municipal Sewer District to

order at 6:00 p.m. with Council Members Roy Parmentier, Robert Rumfelt,

Suzanne Lyons, and Tom Engstrom present.

II. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Fire Chief Wells.

III. ACCEPTANCE OF AGENDA: A motion was made by Council Member Parmentier, seconded by Council

Member Rumfelt, and unanimously carried by voice vote to accept the agenda

presented.IV. CONSENT AGENDA:



B. Warrants: Approve warrant registers from September 12, 2012, and September 26. 2012

C. Minutes: Approve minutes of the regular City Council meeting of September 18, 2012.

D. Unrepresented Employees MOU Approve MOU with the City of Lakeport Unrepresented Employees.

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

Member Rumfelt, and unanimously carried by voice vote to approve the

Consent Agenda as posted.


A. Citizen Input: Lakeport Fire Chief Wells conveyed to the City Council the cooperation of the C

of Lakeport, in particular the Police, Public Works, and specifically thanked Pub

Works Director Brannigan, City Engineer Harter, and Engineer Everhart for the

assistance to the Fire Service with regards to the recent fire at the Lunas Buildi

Mayor Mattina thanked Chief Wells in turn for all the Fire Department does.


A. Public Works Director

Water and Sewer Resolutions Public Works Director Brannigan gave a presentation about the proposed wate

and sewer rate increase. The following spoke in opposition: Bob Bridges, John

Sanderson, Debbie Blake, Arlin Pynski, Verna Shaffer, Joe Gossett, Liz Callahan,

Dave Norris, Shirley Karnes, Mary Kay Haupman, Kim Beall, Keith Kirsch, Manny

Rodrigues, Theresa Jackson, Mark Spillman, Martin Scheel, and Martha Ford. T

following persons spoke but did not express opposition: Robert Karnes. CharleWitt spoke in favor.

1. Resolution Certifying Protest

Vote Results

A motion was made by Council/Board Member Rumfelt, seconded by

Council/Board Member Lyons, and unanimously carried by voice vote to appro

resolution certifying the results of the protest hearing regarding proposed wat

and sewer rate increases.

2. Resolution Amending Water Rates A motion was made by Council/Board Member Rumfelt, seconded by

Council/Board Member Parmentier, and carried by voice vote, with

Council/Board Member Engstrom opposing, to approve resolution rescinding

Resolution Numbers 2144 (2003), 2267 (2006), 2270 (2006) and establishing

water rates, fees and charges, with staff direction.

MINUTESLAKEPORT CITY COUNCIL AND

BOARD OF DIRECTORS OF THE CITY OF LAKEORT MUNICIPAL SEWER DISTRICT REGULAR MEETING

October 2, 2012


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City Council Minutes of October 2, 2012 Page 2

3. Resolution Amending Sewer Rates A motion was made by Council/Board Member Rumfelt, seconded by

Council/Board Member Parmentier, and carried by voice vote, with

Council/Board Member Engstrom opposing, to adopt resolution rescinding

Resolution Numbers 2068 (2001), 2145 (2003), 2268 (2006), 2308 (2007), and

2317 (2008) and establishing sewer rates, fees and charges, with staff direction

4. Carbon Filter Media Replacement A motion was made by Council/Board Member Parmentier, seconded by

Council/Board Member Rumfelt, and unanimously carried by voice vote to

authorize the expenditures, not to exceed $60,000, for the services needed toreplace the granular activated carbon in two of the four vessels located at the

Lakeport surface water treatment facilities. Chris Macedo and Kim Beall spoke

but did not express opposition.

B. Police Chief

1. Application No. 2012-022 A motion was made by Council Member Engstrom, seconded by Council Memb

Rumfelt, and unanimously carried by voice vote to approve Application No. 20

022 for Eternally Wired Youth Ministries to hold a Harvest Revelation on Octob

31, 2012, on Mellor Drive between Nineteenth and Twentieth Streets with staf

recommendations.

2. Resolution Allocating Funds

from the SLESF

A motion was made by Council Member Rumfelt, seconded by Council Membe

Lyons, and unanimously carried by voice vote to adopt a resolution allocatingfunds from the Supplemental Law Enforcement Services Fund (SLESF) pursuant

to a written request from the Chief of Police.


A. Miscellaneous Reports: Council Member Parmentier expressed concern regarding the graffiti tagging

the bathrooms in Library Park. He also advised that the cameras are not worki

in the Park. Lakeport Police Sgt. Stoebe advised he would look into the issue

with the cameras.

Finance Director Buffalo reported that the Internal Auditor was here this week

The exit report is good, with no findings. He will report with the completed au

in November.

City Engineer Harter advised nothing new to report.

Public Works Director Brannigan reported on the recycling trash cans in Library

Park. He hopes to get additional cans in the next year. He also noted that the

recent Splash In event was a success. He expressed appreciation for the

cooperation of staff to help prepare for the event, and noted that similar

preparation is involved for Oktoberfest.

Community Development Director Knoll advised nothing new to report.

City Attorney Steve Brooks advised nothing new to report

City Manager Silveira reported on the recent Splash-In event, advising that she

spoke with the promoters of the event, who advised that the City staff was ver

responsive to their needs.

Council Member Lyons reported on the Branding workshop. She advised that

while it was successful, more participation would be appreciated as only 11

citizens attended.

Building Inspector Carlton advised nothing new to report.

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


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City Council Minutes of October 2, 2012 Page 3

ATTEST APPROVED

____________________________________ ___________________________________________

KELLY BUENDIA, Deputy City Clerk STACEY MATTINA, Mayor


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I. CALL TO ORDER & ROLL CALL: Mayor Mattina called the regular meeting of the City Council of the City of

Lakeport and the Board of Directors of the Lakeport Municipal Sewer District to

order at 6:00 p.m. with Council Members Roy Parmentier, Robert Rumfelt,

Suzanne Lyons, and Tom Engstrom present.

II. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Kelly Buendia.

III. ACCEPTANCE OF AGENDA: A motion was made by Council Member Engstrom, seconded by Council Memb

Rumfelt to add the Application for Use of Public Areas by the Clearlake Club to

the agenda as an urgency item. The motion was unanimously carried.IV. CONSENT AGENDA:



B. Warrants: Approve warrant register from October 3, 2012.

C. Contract Change Orders - Parallel

Drive Water Main Project

Review and approve Contract Change Orders (CCO1 and CCO2) for the Parallel

Drive Water Main project.

D. Notice of Completion, Parallel Drive

Water Main Project

Receive the Notice of Completion and authorize the Mayor to sign it on behalf

the City and the City Clerk to cause it to be recorded at the County Recorders

Office.

E. Application for Use of Public Areas by

the Clearlake Club

Approve the Use of Public Areas Application submitted by the Clearlake Club.

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

Engstrom, and unanimously carried by voice vote to approve the Consent Agen

to include the added Urgency Item (item E).


A. Citizen Input: Nancy Ruziicka, Lakeport, asked the Council to add an urgency item. She state

that the bids for the Senior Housing Project on Martin Street were closed with

3 days instead of the standard 30 days leaving no time for local contractors to

bid. Ms. Ruziicka asked the City Council to enforce the use of local contractors

the project. City Manager Silveira commented that the project is not within th

control of the city as no city funds were expended on the project. She stated

that staff had discussed deferral of expansion fees and had a draft agreement

prepared. The agreement would include provisions regarding the use of local

contractors.

The item was referred to staff to call the contractor and have some discussions

on the issue and get more information. A motion was made by Council memb

Rumfelt, seconded by Council Member Lyons Suzanne and unanimously carrie

by voice vote to place the item on the next agenda.

B. Presentation to Gary Basor, Police

Officer of the Year

Chief Rasmussen spoke about Officer Gary Basor who was honored as Officer o

the Year by the Veterans of Foreign Wars.

MINUTESLAKEPORT CITY COUNCIL AND

BOARD OF DIRECTORS OF THE CITY OF LAKEORT MUNICIPAL SEWER DISTRICT

REGULAR MEETINGTuesday, October 16, 2012


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City Council Agenda of October 16, 2012 Page 2


A. City Engineer

1.Cooperative Work Agreement,Lakeshore Emergency Repair Project

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

Engstrom, and unanimously carried by voice vote to direct staff to submit a

Cooperative Work Agreement request to Caltrans for the Lakeshore Boulevard

Emergency Repair project and authorize the City Engineer to sign it on behalf o

the City.

B. Finance Director

1. Resolution Authorizing an Inter-fund Loan

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

Member Lyons, and unanimously carried by voice vote approve Resolution of t

City Council of the City of Lakeport authorizing an inter-fund loan from the

general fund to the water fund for the purpose of funding the acquisition of

certain real property (Green Ranch) and establishing the terms under which th

loan will be repaid. Martin Scheel, Lakeport, commented on the item.

C. City Manager1. November 20, 2012 City Council

Meeting

A motion was made by Council Member Engstrom, seconded by Council Memb

Lyons, and unanimously carried by voice vote to Reschedule the November 20

2012 City Council Meeting to November 27, 2012 due to City of Lakeport

employee furloughs.


A. Miscellaneous Reports: Council Member Rumfelt spoke about speed bumps and would like to consider

speed bumps or elevated crosswalks in any downtown improvements. Council

member Rumfelt stated he would like the newspaper to do an article along wit

the Chief on pedestrian etiquette. He has seen many dangerous pedestrian

activities.Council Member Rumfelt credited Mary Nolan for reminding him about the

possibility of building a cultural center that could be used for meetings and

conferences in partnership with local tribes. He would like the city to pursue t

and recommended donating the city-owned property on Bevins Court. Staff w

asked by the Council to explore the opportunity,

Council Member Parmentier stated he would attend the Area Planning Counci

meeting on November 10, 2012.

Police Chief Rasmussen announced that police staff conducted a disaster fair a

Mendo Mill and participated in a safety fair at Kmart over the weekend. He als

stated that the neighborhood watch program was ramping up.

Public Works Director Brannigan announced a water leak on 11th street andthere would be some street closures. He stated that crews would be working t

get the damage fixed as soon as possible. He further announced storm drain

repairs near the Yacht Club in upcoming weeks.

City Manager Silveira announced that she would be out of the office Wednesd

and Thursday October 24 and 25, 2012 at REMIF meetings.

Councilmember Lyons commended Chief Rasmussen for his responsiveness to

her concerns.


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City Council Agenda of October 16, 2012 Page 3

Miscellaneous Reportscont.: Council Member Engstrom stated he would be out of town during the Novemb

6, 2012 City Council meeting.

Mayor Mattina stated she had attended a Karate tournament in Lakeport and

would like to honor the kids that won and did very well in Northern California.

Administrative Services Director Buendia announced she would be representin

the City at a job fair at the police academy on Saturday, October 20, 2012.

VIII. CLOSED SESSION: The meeting was adjourned to a closed session at 6:24 p.m. pursuant to

Government Code Section 54957.6 Conference with Labor Negotiator:

Unrepresented Employees: City Manager and City Attorney; pursuant to

Government Code 54956.9(b), Conference with Legal Counsel -

Anticipated Litigation, one case and pursuant to Government Code 54957,

Public Employment Appointment: Police Lieutenant and Office Specialist

IX. REPORT FROM CLOSED SESSION: The meeting reconvened to open session at 9:01 p.m. The Mayor reported tha

staff was given direction.

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

ATTEST APPROVED

____________________________________ ___________________________________________

KELLY BUENDIA, Deputy City Clerk STACEY MATTINA, Mayor


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Meeting Date: Page 1 Agenda Item #

CITY OF LAKEPORTCity Council

City of Lakeport Municipal Sewer District

STAFF REPORTRE: Building Permit Report MEETING DATE: 11/06/12

SUBMITTED BY: Community Development Department

PURPOSE OF REPORT: Information only Discussion Action Item

WHAT IS BEING ASKED OF THE CITY COUNCIL/AGENCY/BOARD:

The Council is being asked to review the Building Permit Report for informational purposes only.

SUMMARY:

Attached is a copy of the September building permit log and pending permits. The following are totals forFiscal Year 2012/2013 for the Building Department:

Number of Permits 44Construction Value $575,263.32Permit Revenue $30,858.44

SUGGESTED MOTIONS:

Receive and file monthly Building Permit Report for September.

Attachments: Monthly Building Permit Report for September


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Meeting Date: 11/06/2012 Page 1 Agenda Item #VI.B.1

CITY OF LAKEPORT

City CouncilCity of Lakeport Municipal Sewer District

STAFF REPORT

RE: Report and Recommendation From the Mobile CateringOrdinance Review Committee

MEETING DATE: 11-6-12

SUBMITTED BY: Richard Knoll, Community Development Director


WHAT IS BEING ASKED OF THE CITY COUNCIL/BOARD:

Consideration of the report and recommendation of the ad hoc Mobile Catering Ordinance ReviewCommittee

BACKGROUND:

The ad hoc Mobile Catering Ordinance Review Committee consisting of Bob Rumfelt, Melissa Fulton,Richard Persons, and Richard Knoll met on 9-6-12 at 10:00 am and considered the following agenda:

1. Make no changes and continue to enforce the existing ordinance.

2. Require a more intensive application and review process for mobile vendors including the requirementfor a public hearing before issuing a permit.

3. Consider a revision to the current City Ordinance and require more mobile vendor operational criteriadealing with, but not limited to the following:

Public Property Bans. Ban vending on public property, such as on streets and sidewalks. Vendorssubject to such bans must contract with private property owners to vend on their property and obtain a landuse entitlement.

Restricted Zones. Restrict the areas in which food trucks may operate. Restricted zones ofteninclude potentially lucrative areas, such as downtown commercial districts.

Proximity Bans. Limit how close street vendors can park to certain types of businesses, typicallybrick-and-mortar restaurants. Proximity bans address the complaints of certain businesses who do not wishto have food trucks park near their place of business.

Stop-and-Wait Restrictions (Ice Cream Truck Rules). Make it illegal for food trucks to stop and parkin order to wait for customers. Instead, food trucks must be flagged down by a customer before they can

park and serve the customer. Stop-and-wait restrictions make it difficult for food trucks to establish regularstops and develop relationships with customers.

Duration Restrictions. Limit the amount of time mobile vendors can remain in one spot. Forinstance, in Chicago, a food truck may not sell food for more than two hours on any one block.

4. Consider other mobile vendor regulations such as a limit on the total number of mobile vendors thatcan operate in the City, provide for an annual discretionary review and approval process, require eachvendor to have a GPS tracking device in order to assure compliance with location/duration standard.


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Meeting Date: 11/06/2012 Page 2 Agenda Item #VI.B.1

DISCUSSION:

The Committee had no desire to ban mobile vending on public property or establish restricted zones.

The Committee does recommend a proximity ban, a restriction on food vendors setting up/parking on thestreet in front of or adjacent to restaurants and recommended that there be a required separation of at leasttwo parallel parking spaces spaces or sixty feet from the food sevice/restaurant building corners and/orfrom food service /restaurant property corners.

There was no interest in recommending stop and wait restrictions.

The Committee does recommend an increase in duration restrictions and felt that the timeframe should beincreased to be consistent with the existing parking restrictions of (2) two hours and to require that mobilevendors be required to maintain a written location/duration log for enforcement purposes that can be spotchecked by City enforcement staff if necessary.

OPTIONS:

1. Accept the Committee recommendations and take no action.

2. Accept the Committee recommendations and direct staff to prepare an ordinance amendmentincorporating the same for City Council consideration and action.

FISCAL IMPACT:

None $ Account Number: Comments:

SUGGESTED MOTIONS:

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

Attachments: 8-21-12 CC Staff Report


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Meeting Date: 08/21/2012 Page 1 Agenda Item #VII.A.1.

CITY OF LAKEPORT


STAFF REPORT

RE: Mobile Vending Regulations MEETING DATE: 08/21/2012

SUBMITTED BY: Richard Knoll, Community Development Director



The City Council is being asked to consider background information regarding mobile food vendingregulations and provide direction to staff.

BACKGROUND:

The City Council has requested background information from staff as to how other communities regulatemobile food vendor operations.

The City of Lakeport does permit mobile catering on City streets subject to the issuance of a businesslicense, compliance with County Health Department rules and compliance with the ordinance provisions setforth below. A City Business License for mobile catering costs $60 annually. Veterans are exempt frompaying for a business license. The business license issuance is an administrative approval, there is no hearingor public review required, unless there is a proposed business license revocation action being pursued as aresult of ordinance violations.

There is no limitation on the total number of mobile caters in the City.

There are currently two mobile hot dog vendors licensed and one operating downtown. There is one icecream vendor in the City. There are two other licenses issued for operators that dont appear to be inbusiness.

There have been some recent issues with the one hot dog vendor who has been exceeding the one-hourtime limitation. There has also been at least one downtown business owner who has complained about thehot dog vendor parking in front of a retail store.

DISCUSSION:

Below please find the City of Lakeport Mobile Catering Ordinance, a summary of mobile food vendingregulations imposed by various communities in California, and some related information.

Chapter 5.20 - MOBILE CATERING BUSINESSES

5.20.010 Mobile catering defined.

Mobile catering means any retail sales of food stuffs conducted out of a motor vehicle, wagon orother mobile business unit. (Ord. 809 (part), 2001)

5.20.020 Permit required.

A. A person shall be required to obtain a mobile catering business license prior to engaging in themobile catering business in the city.

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


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B. Prior to the issuance of any mobile catering business license, the applicant for such a licenseshall furnish to the city, proof of compliance with all applicable state and county healthdepartment regulations and provide the City with copies of all required certificates or clearances.(Ord. 809 (part), 2001)

5.20.030 Parking regulations.

Mobile caterers shall be legally parked at all times when stopped to do business in the city. The termlegally parked as used in this ordinance shall mean a location where the mobile catering unit does

not:A. Obstruct or interfere with the free flow of pedestrian traffic. In no case shall any mobile catering

unit occupy any portion of a public sidewalk;

B. Obstruct or interfere with the free flow of vehicular traffic;

C. Obstruct or interfere with the free flow of pedestrian traffic to or from any business, publicbuilding, or private residence;

D. Conflict with the California Vehicle Code or other city parking regulations; or

E. Create a safety hazard. (Ord. 809 (part), 2001)

5.20.040 Location restrictions.

A. Mobile caterers shall not stop for business for more than one hour in any one location.

B. The term location as used in this subsection shall be defined as the distance of at least one cityblock from the last location occupied by the mobile catering unit.

C. Mobile caterers shall not stop to conduct business in or on a street adjacent to any designatedcity park facility, unless authorized by written consent approved in advance by the City Councilfor a limited time frame only. (Ord. 809 (part), 2001)

5.20.050 Grounds for revocation of permit.

A. The City Council shall revoke a mobile catering permit after two convictions for violations ofthis chapter in any twelve month period.

B. The City Council shall, prior to any revocation, hold a noticed hearing and allow the mobilecaterer to show good cause why his or her permit should not be revoked. (Ord. 809 (part), 2001)

5.20.060 Violation--Penalty.

Violation of any of the provisions of this chapter shall constitute an infraction punishable by a finenot to exceed fifty dollars for a first violation; a fine not to exceed one hundred dollars for a secondviolation of the same provision within one year; and a fine not to exceed two hundred fifty dollarsfor each additional violation of the same provision within one year. (Ord. 809 (part), 2001)

Attached is a list of 27 California Cities and a summary of their mobile vending provisions.

OPTIONS:

1. Make no changes and continue to enforce the existing ordinance.2. Require a more intensive application and review process for mobile vendors including the requirement

for a public hearing before issuing a permit.

3. Consider a revision to the current City Ordinance and require more mobile vendor operational criteriadealing with, but not limited to the following:

Public Property Bans. Ban vending on public property, such as on streets and sidewalks. Vendorssubject to such bans must contract with private property owners to vend on their property andobtain a land use entitlement.


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Restricted Zones. Restrict the areas in which food trucks may operate. Restricted zones ofteninclude potentially lucrative areas, such as downtown commercial districts.

Proximity Bans. Limit how close street vendors can park to certain types of businesses, typicallybrick-and-mortar restaurants. Proximity bans address the complaints of certain businesses who donot wish to have food trucks park near their place of business.

Stop-and-Wait Restrictions (Ice Cream Truck Rules). Make it illegal for food trucks to stop andpark in order to wait for customers. Instead, food trucks must be flagged down by a customer

before they can park and serve the customer. Stop-and-wait restrictions make it difficult for foodtrucks to establish regular stops and develop relationships with customers.

Duration Restrictions. Limit the amount of time mobile vendors can remain in one spot. Forinstance, in Chicago, a food truck may not sell food for more than two hours on any one block.

4. Consider other mobile vendor regulations such as a limit on the total number of mobile vendors thatcan operate in the City, provide for an annual discretionary review and approval process, require eachvendor to have a GPS tracking device in order to assure compliance with location/duration standards,etc.

FISCAL IMPACT:


SUGGESTED MOTIONS:

Attachments: Responses from other cities regarding mobile food vendorsArticles related to mobile vendors


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

CITY OF LAKEPORT


STAFF REPORT

RE: Request to Lift Hiring Freeze for Budgeted Positions MEETING DATE: 11/06/2012

SUBMITTED BY: Kelly Buendia, Administrative Services Director



The City Council is asked to remove the existing hiring freeze and allow staff to fill budgeted positions asvacancies occur.

BACKGROUND:

When the economy took dramatic downward turns, City revenues were dropping and the City Council wasfaced with the challenge of passing a balanced budget in the midst of much uncertainty. In August of 2008,the Council enacted a hiring freeze, where staff was required to seek City Council approval prior to hiringany position, budgeted or un-budgeted. In the ensuing four years, Council and staff have had opportunityto evaluate positions as they have vacated. This has led to an overall staff reduction and given way to re-organization. In 2012-2013, the City Council passed a balanced budget with newly organized staffingstructure.

DISCUSSION:

With staffing now at minimum levels, the loss of any individual places a burden on departments and co-workers. There have been times when projects have been delayed due to combinations of illnesses andvacancies. The hiring process for government positions is quite involved. A non-safety position usuallytakes 12 weeks from the posting of a flyer until the employee's first day on the job. A safety position cantake 16 or more weeks. Returning to City Council for permission to hire adds up to three (3) weeks to theprocess. Human Resources has made every effort to fast-track the process, while ensuring policies,regulations and best practices are observed.

The City Council is asked to lift the hiring freeze for budgeted positions in order to ease the disruption ofoperations when vacancies occur. This would only be for positions included in the approved budget. TheCity Manager would continue to communicate staffing changes; would continue to return to the CityCouncil with any new or unbudgeted positions; and would continue to evaluate vacant positions for

monetary reasons or in order to consider other staffing options.

OPTIONS:

The City Council could leave the hiring freeze in place.

FISCAL IMPACT:


SUGGESTED MOTIONS:


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

Attachments:


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CITY OF LAKEPORT


STAFF REPORT

RE: Approval of Police Lieutenant and Office Specialist Positions MEETING DATE: 11/06/2012

SUBMITTED BY: Kelly Buendia, Administrative Services Director and Brad Rasmussen, Chief ofPolice



The City Council is asked to authorize the Police Chief to restructure police management ranks from threeSergeants to two Sergeants and one Lieutenant and to authorize the hiring of a full-time Confidential OfficeSpecialist for City Hall Departments.

BACKGROUND:

Vacancies have left specific needs within the Police Department and several departments at City Hall.

DISCUSSION:

Lieutenant:

The Chief of Police is asking to re-structure the supervisory and management ranks within the department.Supervisory and management ranks currently consist of the Chief and three Sergeants. The Chief of Policeis requesting to restructure to a Lieutenant and two Sergeants.

The Lieutenant position has been unfilled for the past two years. The Chief of Police believes it is critical tothe department to have a clearly defined second in command management position to help oversee thedepartment and its operations. This position would be FLSA exempt and not a member of the employeebargaining unit.

Although there will be a salary increase for the Lieutenant position, overall there should be little impact tothe departments current budget as this position will not earn holiday pay or overtime. With Councilsapproval of the re-structuring request, the Administrative Services Department will conduct an internalpromotional assessment process for eligible candidates.

Confidential Office Specialist:

The recent resignation of the part-time office assistant has left a need for administrative support at CityHall. The former employee was assigned primarily to the City Clerk, Human Resources and FinanceDepartments. The position is responsible for updating databases accurately, managing files, preparingcorrespondence and mass mailings, updating and maintaining large policy documents, batch copying,opening mail, processing utility payments, monitoring and ordering supplies, scanning and indexing records,as well as, providing crucial back-up coverage to the front desk.

The upcoming changes in healthcare laws will require healthcare benefits to any employee who works 30hours or more per week. Since the departmental needs exceed the 30 hours, staff is requesting a full-timeOffice Specialist position. This is an entry-level position that would allow the incumbent to grow into anumber of opportunities and support city-wide succession planning. Because this position has access tohighly sensitive information, it has been classified as Confidential and not a member of the bargaining unit.


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

OPTIONS:

Should the City Council decide not to approve the Office Specialist position, staff requests that Council liftthe hiring freeze for the part-time Office Specialist vacancy.

FISCAL IMPACT:

None $27,750 for 2012/2013 Account Number: Comments:

SUGGESTED MOTIONS:

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

Attachments: Job Descriptions


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CITY OF LAKEPORT

POLICE LIEUTENTANT

Job Description

DEFINITIONUnder general direction of the Police Chief to perform responsible administrative, investigation andtechnical work in directing the activities of the Police Department; and to do related work as assigned.In the absence or disability of the Police Chief, an incumbent of this class directs the activities of alldivisions of the department.

Although work is subject to review by the Chief of Police, work with relative independence in day to dayactivities and review is usually accomplished through routine checks of reports, conferences andevaluations of results.

CLASS CHARACTERISTICS

Positions in this category are actively and principally engaged in the enforcement of public laws or inprotecting the public from physical harm and danger. The positions typically included in this category arepeace officers and firefighters, whose every day duties place high priority and demands on top physicalfitness and agility.

ESSENTIAL FUNCTIONSThe following duties are typical for this classification. Incumbents may not perform all of the listed dutiesand/or may be required to perform additional or different duties from those set forth below to addressbusiness needs and changing business practices.

Oversee the Patrol Division; review shift activities through reports prepared by subordinate officers andthrough conferences with supervisory personnel; instruct personnel in operating procedures.

Oversee the Investigative Division; assign subordinates to specific problems and/or cases and reviewtheir reports and records; coordinates information gathered and work accomplished by subordinates.Provide technical advice and assistances; direct and participate in the investigation of the more difficult orcomplex criminal cases; participate in extradition procedures.

Supervise and participate in activities involving records, identification, communication, and in-servicetraining.

Investigates complaints against Police Department personnel and makes recommendations to the PoliceChief.

Assists the Police Chief in the development and implementation of the Police Department budget.

Performs related work as assigned.

QUALIFICATIONS GUIDELINES

Education and/or Experience

Five years in municipal police work including at least two years in a supervisory capacity in the

fields.


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Knowledge, Skills and Abilities

Principles and practices of organization, administration, budget and personnel management.Modern police practices, techniques and methods. Pertinent federal, state and local laws andordinances, particularly with reference to arrest search and seizures, evidence records keeping.Departmental rules and regulations. Plan, organize and coordinate the work of different divisionswithin the Police Department. Analyze complex police problems. Communicate clearly andconcisely, orally and in writing.Properly interpret and makes decisions in accordance with laws and department regulations andpolicies.

Special Requirements

Possession of POST advanced certificatePossession of a PPOST Management certificate preferred within two years. Possession ofappropriate California drivers licenese.

Receive satisfactory results from a background investigation, physical examination, drug testingand administrative testing which meet the established qualifications standards.

PHYSICAL PROFILE:

CATEGORY IV PUBLIC SAFETY

DEFINTIONPositions in this category are involved in active public safety duties, which involve thesafeguarding of individuals, public and property. Incumbents are required to meet the physicalstandards to insure the ability to carry out this responsibility.

OTHER FACTORSLifting Moderate: Lifting 50 pounds maximum with frequent lifting, pushing, and/or carrying ofobjects weighting up to 25 pounds.

Lifting Heavy: Lifting over 50 pounds, with frequent lifting, pushing and/or carrying weighing over25 pounds.Climbing: Ascending or descending ladders, ramps, scaffolding, poles and the like; using feetand legs and/or hands and arms.Reaching: Reaching above the shoulders to place and/or retrieve objects.Walking: Ability to walk for prolonged periods of time (usually a minimum of two or more hoursper day.)Standing: Ability to stand with little movement for prolonged periods of time (Usually a minimumof two or more hours per day).Sitting: Ability to sit with little movement for prolonged periods of time (Usually a minimum of twoor more hours per day).Agility: Ability to move quickly and easily often including the ability to crawl, stoop or bend.Color Vision: Ability to identify and distinguish colors

Distant Vision, Excellent: Without correction vision not less than 20/20 in one eye and not lessthan 20/25 in the other eye.Temperatures: Works in temperature sufficiently high or low to cause marked bodily discomfort.Fumes: Potential inhalation or contact with smoke, vapors, dust or gasses.Work Environment Outdoors: Ability to work outdoors in all types of weather conditions.Work Environment Moving Objects: Ability to work around moving objects, machinery orvehicles.Work Environment Surfaces: Ability to walk on slippery or uneven surfacesHeights: Ability to work on surfaces above 20 feet.


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CLASS RANGE NO. E2

FLSA Exempt

ADOPTION DATE 3/29/12

REVISION DATE

APPROVED BY:


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CITY OF LAKEPORT

OFFICE SPECIALIST - CONFIDENTIAL

Job Description

DEFINITION

Under general supervision, performs a wide variety of typing and general clerical work of a routine nature;provides detailed information and assistance to the public relating to departmental policies, procedures andactivities; may order, receive and store parts, equipment and materials; performs related work as assigned. As aconfidential employee, has access to confidential information relating to the Citys administration of employer-employee relations. This access may include instances of an occasional but critical nature or due to the employeewhose position requires the incumbent to provide direct administrative support to a manager who has suchaccess. Employee may work in multiple departments.

CLASS CHARACTERISTICS

.Office Specialist I is the entry level class for clerical employees. Employees in this class normally work underclose supervision performing repetitive or closely related duties according to established procedures. Generally,work is observed and reviewed both during its performance and upon completion. The class of Office Specialist Ican also be utilized as a recruiting and training class for different specialty clerical areas.

Office Specialist II is the class which is the skilled class in this series. An increased level of experience, expertiseand responsibility is required above the Office Specialist I position which demonstrates a journey level ofproficiency. Adequate performance at this level requires knowledge of departmental procedures and precedents,and the ability to choose among alternatives in solving problems. An Office Specialist II is expected to workproductively even in the absence of a supervisor or lead worker. Employees in this class may often have contactwith the public, answering a variety of procedural questions, or giving out factual information. Work is normallyreviewed only on completion and for overall results.

ESSENTIAL FUNCTIONS

The following duties are typical for this classification. Incumbents may not perform all of the listed duties and/ormay be required to perform additional or different duties from those set forth below to address business needsand changing business practices.

Types/composes a variety of documents in draft and final form, such as correspondence, standard forms,charts, and reports using a computer or word processing equipment; types from written, recorded, orprinted sources and/or oral instructions; proofreads materials for correct grammar, spelling, andpunctuation.

Prepares, validates, processes, and/or checks a variety of documents and records, such as time-sheets,invoices, confirming requisitions, and public notices for completeness, accuracy, and submissionstandards; compiles and records fiscal and statistical data according to established procedures; may

keep petty cash.

Performs basic bookkeeping tasks, including, but not limited to, reconciling petty cash, cash tills from Citycommunity activities, and bank reconciliations.

Prepares correspondence or reporting and has access to confidential information relating to the Citysadministration of employer-employee relations..

Receives the public/work unit clients and answers calls; determines how incoming calls should be routed;directs people to appropriate offices; answers routine questions; explains routine procedures, processes,or departmental activities; distributes and explains forms, such as applications or permits; obtains routine


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factual information to create or update client/work unit files; provides routine assistance; may facilitateregistration for department activities and events; may issue minor building permits; may use a radio todispatch calls.

Compiles routine reports by extracting and/or tabulating information from a variety of sources, such asfiles, correspondence, meeting notes, logs, previous reports, and/or oral instruction; may assist withresearch and preparation of community relations programs and materials.

Recommends and assists in implementing office programs and clerical systems, procedures, andpolicies; provides temporary and vacation relief in similar occupational fields as necessary.

Coordinates and oversees the ordering, receiving, stocking and delivery of materials and supplies;obtains prices and prepares purchase orders; takes inventory of materials and supplies; may operate aforklift for receiving supplies.

Resolves complaints and handles inquiries; prioritizes tasks.

Sorts and/or files materials such as correspondence, records, applications, and documents; preparesmailings; maintains files, conducts systematic file search for misplaced materials; maintains crossreference files or notices; purges filing system.

Operates a variety of office equipment, such as cash register, radio, copiers, word processing or personalcomputer and peripheral equipment; may perform equipment/system maintenance checks; may providedispatching services when assigned to the Public Works Department.

Other duties as assigned.

QUALIFICATIONS GUIDELINES

Education and/or Experience

Any combination of education and/or experience that has provided the knowledge, skills, and abilitiesnecessary for satisfactory job performance. Example combinations include

Office Specialist I: graduation from high school or equivalent, including or supplemented by courses intyping and office practices

Office Specialist II: graduation from high school or equivalent, and two years of experience in relatedclerical work, involving a variety of typing and/or office operation responsibilities; including orsupplemented by training in the clerical occupational field.

Knowledge, Skills, and Abilities

Working knowledge of related office methods and procedures; office equipment operation; computers anda variety of software applications. Working knowledge of parts and materials used for the maintenance ofpublic works facilities (may be required for some assignments).

Skill in the operation of a variety of office equipment, including typewriter operation at a rate of 50 netwpm with no more than 10 errors; a fork lift and/or a radio to dispatch calls may be required for someassignments.

Ability to use correct English grammar, punctuation, and spelling; understand and follow verbal andwritten directions; receive the public in person or over the phone; apply and explain regulations, policies,and procedures; maintain records and perform specific program activities; establish and maintaincooperative working relationships


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Special Requirements

Possession of or ability to obtain a Class C California driver's license and a satisfactory driving record(may be required for some assignments.)

Receive satisfactory results from a background investigation, physical examination, drug testing andadministrative testing which meet the established qualifications standards.

PHYSICAL PROFILE:

CATEGORY I - LIGHT PHYSICAL EFFORT

DEFINITIONPositions in this category require normal physical abilities associated with the ability to read, write andcommunicate in a work environment requiring no extraordinary physical strength or special physicalqualifications.

CHARACTERSITICSWork assignments for this category are normally located in a work environment which has no unusualphysical requirements or environmental conditions, unless separately identified. Positions in this category

require only light physical effort while performing such functions as typing, writing, filing computing,operating light office equipment, interviewing, counseling, researching, planning, analyzing, andsupervising. Positions allocated to this category are distinguished by a lack of duties involving strenuousactivities. These positions seldom lift more than 20 pounds.

OTHER FACTORSReaching: Reaching above the shoulders to place and/or retrieve objects.Sitting: Ability to sit with little movement for prolonged periods of time (Usually a minimum of two or morehours per day).Distant Vision, Acceptable for Driving: Not less than 20/40 in each eye without correction or must correctto 20/40 in each eye and wear corrective lenses whenever driving


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Meeting Date: 11/06/2012 Page 1 Agenda Item # VI.D.1


Lakeport Redevelopment AgencyCity of Lakeport Municipal Sewer District

STAFF REPORTRE: Hiring Freeze Exemption MEETING DATE: 11/06/12

SUBMITTED BY: Mark Brannigan, Public Works Director



The City Council is being asked to approve an exemptions from the hiring freeze for the for a ParksMaintenance Worker 1 position.

BACKGROUND:

Due to Council action, all current positions when vacated must have Council approval for exemption fromthe hiring freeze to refill these positions.

DISCUSSION:

A Parks Maintenance Worker I employee gave notice to the Public Works Department that they areresigning from City employment effective October 31, 2012. This position is fully budgeted and staff isrequesting that the City Council lift the hiring freeze so recruitment can begin. The Parks Division of PublicWorks maintains City facilities and parks with two permanent full time employees.

OPTIONS:

Exempt position from hiring freeze or deny exemption.

FISCAL IMPACT:

None $ Account Number:

Comments: The position does not create a fiscal impact greater than the budgeted amounts.

SUGGESTED MOTIONS:

Move to approve an exemption from the hiring freeze for the Parks Maintenance Worker 1 vacancy.

Attachments:


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Meeting Date: 11/06/2012 Page 1 Agenda Item #VI.E.1


Lakeport Redevelopment AgencyCity of Lakeport Municipal Sewer District

STAFF REPORTRE: Housing Loan Short Sale Request 707 Twentieth Street MEETING DATE: 11/06/12

SUBMITTED BY: Steve Brookes, City Attorney



Review and consider acceptance a ten percent (10%) payoff of a Redevelopment Housing loan where thesecurity, a single family residence, is the subject of a pending short sale.

BACKGROUND:

The City now holds a promissory note with the principal sum of $7,000 bearing interest at four and one halfpercent (4.5%). This loan is secured by a Third Deed of Trust (two other loans are senior to the City'sloan). Laura Hall, realtor, advises that she has this property, located at 707 Twentieth Street, in escrow. Thehouse is being sold as a short sale.

The City approved a $7,000 loan from the Redevelopment Agencys LMI Fund in 2009. It was secured by aDeed of Trust which is in THIRD position behind a first mortgage and a home equity credit line.Redevelopment funds were used because the borrowers (Rosencrans) were in the moderate income bracket.

The current total of all mortgages and liens against the property is approximately $270,000 and the proposedshort sale price is $157,750. Under the current offer, the junior liens will recover only ten percent of theamount owed. In the City's case, the City would only receive $700 from the short sale. A formal demandfrom the title company can be expected to be received shortly. Given that the property is some $112,000underwater, staff recommendation is to accept the ten percent payoff and book the loss.

DISCUSSION:

Another option would be for the City to pay off the senior liens and foreclose on the property. This wouldresult in us spending far more than the property is worth, out of General Fund no more redevelopmenthousing funds would be available for this option.

OPTIONS:

Accept the ten percent (10%) short sale payoff or exercise our rights to recover the security.

FISCAL IMPACT:

None $Loss of housing funds totaling $6,300 plus accrued interest. Account Number:Comments:


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SUGGESTED MOTIONS:

Move to accept a ten percent payoff of approximately $700 in net funds from the sale of 707 TwentiethStreet in Lakeport.

Attachments:

Documents

110612 Lakeport City Council Agenda Packet