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AGENDA

REGULAR MEETING OF THE LAKEPORT CITY COUNCIL

(ALSO MEETS AS THE CITY OF LAKEPORT MUNICIPAL SEWER DISTRICT, THE LAKEPORT INDUSTRIAL
DEVELOPMENT AUTHORITY and THE SUCCESOR AGENCY TO THE LAKEPORT REDEVELOPMENT
AGENCY)

Tuesday, November 03, 2015


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.

CLOSED SESSION:

5:30 p.m.
Conference with Real Property Negotiator (Government Code 54956.8):
Property Address: 916 North Forbes Street, Lakeport (APN 025-472-03); Agency
Negotiator: Margaret Silveira, City Manager; Negotiating Parties: City of
Lakeport and Vicki Robinson; Under Negotiation: Price and Terms of Payment.

I.

CALL TO ORDER & ROLL CALL:

II.

PLEDGE OF ALLEGIANCE:

III.

ACCEPTANCE OF AGENDA:
Urgency Items:

IV.

V.

VI.

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.

CONSENT AGENDA:

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.

Ordinances:

Waive reading except by title, of any ordinances under consideration at this


meeting for either introduction or passage per Government Code Section 36934.

B.

Minutes:

Approve minutes of the regular City Council meeting of October 20, 2015.

C.

Warrants:

Approve warrant register from October 27, 2015.

D.

Application 2016-001:

Approve Application No. 2015-023 with staff recommendations for the Lakeport
Main Street Associations Holiday at the Lake event on November 28, 2015.

E.

Business License Penalty Waiver

Approve a waiver of penalties associated with the Business License renewal for
Grocery Outlet in Lakeport and issue a full refund of the penalty amount.

PUBLIC PRESENTATIONS/REQUESTS:
A.

Citizen Input:

Any person may speak for 3 minutes about any subject within the authority of the City Council, provided that the
subject is not already on tonights agenda. Persons wishing to address the City Council are required to complete a
Citizens Input form and submit it to the City Clerk prior to the meeting being called to order. While not required,
please state your name and address for the record. NOTE: Per Government Code 54954.3(a), the City Council
cannot take action or express a consensus of approval or disapproval on any public comments regarding matters
which do not appear on the printed agenda.

B.

Presentation:

Introduce new Lakeport Police Officer Jason Fisher.

C.

Presentation:

Announce the winners of the 2015 Halloween Coloring Contest.

COUNCIL BUSINESS:
A.

Administrative Services Director


1.

B.

Maddy Act Report


PEG Contract

CITY COUNCIL COMMUNICATIONS:


A.

Receive and file the annual Maddy Act Appointment List for calendar year 2016.

City Manager
1.

VII.

6:00 p.m.

Miscellaneous Reports, if any:

Approve an agreement between the City of Clearlake, City of Lakeport and the
County of Lake relative to operation of a local public, educational, governmental
cable television channel, referred to as the PEG Channel.

City Council Agenda of November 3, 2015

VIII.

ADJOURNMENT:

Page 2

Adjourn

Materials related to an item on this Agenda submitted to the Council after distribution of the agenda packet are available for public inspection in the City Clerks Office at 225
Park Street, Lakeport, California, during normal business hours. Such documents are also available on the City of Lakeports website, www.cityoflakeport.com, subject to
staffs ability to post the documents before the meeting.
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 Clerks Office, (707) 263-5615, 72 hours prior to the scheduled meeting to ensure reasonable
accommodations are provided.

_______________________________________
Hilary Britton, Acting Deputy City Clerk

MINUTES

REGULAR MEETING OF THE LAKEPORT CITY COUNCIL

(ALSO MEETS AS THE CITY OF LAKEPORT MUNICIPAL SEWER DISTRICT, THE LAKEPORT INDUSTRIAL DEVELOPMENT AUTHORITY and
THE SUCCESOR AGENCY TO THE LAKEPORT REDEVELOPMENT AGENCY)

Tuesday, October 20, 2015

I.

CALL TO ORDER & ROLL CALL:

Mayor Scheel called the regular meeting of the City Council of the City of
Lakeport to order at 6:01 p.m. with Council Members Kenneth Parlet, Stacey
Mattina, Marc Spillman, and Mireya Turner present.

II.

PLEDGE OF ALLEGIANCE:

The Pledge of Allegiance was led by Lieutenant Ferguson.

III.

ACCEPTANCE OF AGENDA:

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


Parlet, and unanimously carried by voice vote to accept the Agenda as posted.

Urgency Items:
IV.

There were no urgency items.

CONSENT 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 36934.

B.

Minutes:

Approve minutes of the regular City Council meeting of October 6, 2015.

C.

Warrants:

Approve warrant register from October 15, 2015.

D.

Application 2015-023:

Approve Application No. 2015-023 with staff recommendations for the Lakeport
Main Street Associations Holiday at the Lake event on November 28, 2015.

E.

Application 2015-024:

Approve Application No. 2015-024 with staff recommendations for the Harvest
Revelation to be held October 31, 2015.

F.

Application 2015-025:

This item was pulled for the Consent Agenda for discussion.

Vote on Consent Agenda:

Application 2015-025:

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


Mattina, and unanimously carried by voice vote to approve the Consent Agenda
with the exception of Item F.
Lieutenant Ferguson presented Police Department concerns regarding the lack of
a satisfactory parking plan and traffic control plan for this event.
Public Works Director Brannigan also had concerns over the parking and traffic
plans.
The applicant, Wayne Yahnke, suggested alternate mitigation measures for the
parking, but did not address the traffic issues.
Warren Myrick, who also lives on Forest Drive, spoke about the severe traffic
issues created by the event in the past.
A motion was made by Council Member Parlet, seconded by Council Member
Spillman, and unanimously carried by voice vote to deny Application No. 2015025 for a Haunted Walk event to be held October 31, 2015 on Forest Drive.

V.

PUBLIC PRESENTATIONS/REQUESTS:
A.

Citizen Input:

VI.

COUNCIL BUSINESS:

VII.

CITY COUNCIL COMMUNICATIONS:

J.R. Rose addressed the Council requesting their support for an increase Cost of
Living Adjustment for senior citizens on Medicare.
There was no Council Business agendized.

City Council Agenda of October 20, 2015

A.

Miscellaneous Reports, if any:

Page 2

Council Member Parlet urged water customers to monitor their water bills for
evidence of leaks.
Council Member Spillman had nothing to report.
Council Member Turner encouraged attendance at the Bass Bowl football game
to be held at Clear Lake High School on October 30, 2015 between Clear Lake
High and Kelseyville High.
Council Member Mattina reported that LAFCo approved the Citys proposed
Sphere of Influence update at their meeting on October 14, 2015.
Mayor Scheel also attended LAFCo, as well as the APC and LTA meetings last
week.
City Manager Silveira reported on the public informational meeting regarding the
Downtown Improvement Project. The response has been favorable.
Finance Director Buffalo invited Council to attend two upcoming meetings
regarding the Lakeport Unified School Districts Bond Oversight Committee and
Board meeting next week. He is also researching a replacement P.A. system for
the Chambers.

VIII.

ADJOURNMENT:

Mayor Scheel adjourned the meeting at 6:53 p.m.

_______________________________________
Martin Scheel, Mayor

Attest:

_______________________________________
Hilary Britton, Acting Deputy City Clerk

Check Register
Packet: APPKT00125 - 10-27-15 WARRANTS

Lakeport, CA

By Check Number
Vendor Number
Payment Date
Vendor Name
Bank Code: AP BANK-AP BANK
00102
10/27/2015
AWWA
2404
10/27/2015
ADAMS ASHBY GROUP, LLC.
00371
10/27/2015
ALPHA ANALYTICAL LABORATORIES
00123
10/27/2015
AQUA PRODUCTS
00109
10/27/2015
ARAMARK UNIFORM SERVICES
2590
10/27/2015
AT&T
3102
10/27/2015
BELKORP AG, LLC.
2690
10/27/2015
CANON SOLUTIONS AMERICA
3139
10/27/2015
CONTRA COSTA COUNTY SHERIFF OFFICE
00130
COUNTY OF LAKE-ANIMAL CONTROL 10/27/2015
00128
10/27/2015
COUNTY OF LAKE-PUBLIC WORKS
1089
10/27/2015
DALE STOEBE
1883
10/27/2015
DEBRA ENGLAND
1127
10/27/2015
DEPT OF JUSTICE
3142
10/27/2015
ETS CORPORATION
1982
10/27/2015
EUREKA OXYGEN COMPANY
1080
10/27/2015
FED EX
2050
10/27/2015
FERGUSON ENTERPRISES INC. 1423
2421
10/27/2015
FERRELLGAS
2577
10/27/2015
GARY BASOR
3143
10/27/2015
JESSE AND KELLEE BUSSARD
2638
10/27/2015
JIM KENNEDY
1049
10/27/2015
JOBS AVAILABLE, INC.
2596
10/27/2015
JOSEPH EASTHAM
1146
10/27/2015
KELSEYVILLE LUMBER
3141
10/27/2015
KELSEYVILLE TNT MINI STORAGE
00364
10/27/2015
LAKE COUNTY ELECTRIC SUPPLY
1139
10/27/2015
LAKE COUNTY LOCK & SAFE
00171
LAKEPORT CHAMBER OF COMMERCE 10/27/2015
00194
10/27/2015
LEAGUE OF CALIFORNIA CITIES
1266
10/27/2015
LEE'S SPORTING GOODS
1585
10/27/2015
LIEBERT CASSIDY WHITMORE
3138
10/27/2015
LSQ FUNDING GROUP
3140
10/27/2015
MEDWASTE CALIFORNIA, LLC
2208
10/27/2015
MENDO MILL & LUMBER CO.
00187
10/27/2015
NAPA AUTO - LAKE PARTS
2067
10/27/2015
OFFICE DEPOT
2423
10/27/2015
OWEN EQUIPMENT SALES
00387
10/27/2015
PACE ENGINEERING, INC.
00113
10/27/2015
PACE SUPPLY #03391-00
2627
10/27/2015
PAK 'N MAIL
1053
10/27/2015
PEOPLE SERVICES, INC.
00217
10/27/2015
PG&E VO248104
00221
10/27/2015
PITNEY BOWES - SUPPLIES
1618
10/27/2015
PITNEY BOWES PURCHASE POWER
2252
10/27/2015
PLAZA PAINT & SUPPLIES
1130
10/27/2015
POLESTAR COMPUTERS
00226
10/27/2015
R.E.M.I.F.
00226
10/27/2015
R.E.M.I.F.
00286
RAINBOW AGRICULTURAL SERVICES 10/27/2015
2794
10/27/2015
REBEKAH DOLBY
2396
10/27/2015
RICOH, USA
2383
10/27/2015
SHRED-IT USA
00400
10/27/2015
SIERRA CHEMICAL COMPANY

10/27/2015 6:31:13 PM

Payment Type
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular

Discount Amount
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00

Payment Amount Number


420.00
6,375.00
1,011.00
12.96
106.76
152.33
752.77
103.07
288.00
61.00
12.00
109.00
675.00
140.00
1,320.56
40.39
143.84
1,343.52
116.50
542.28
35,000.00
125.00
45.00
413.00
1,533.11
248.75
608.38
57.78
30.00
240.00
246.99
8,227.50
44.70
115.00
884.49
6.79
8.93
5,665.69
69,963.36
6,348.57
480.93
172.13
25.67
255.97
1,062.75
144.91
2,156.01
840.69
47,740.00
447.46
355.00
461.46
83.74
1,172.80

48127
48128
48129
48130
48131
48132
48133
48134
48135
48136
48137
48138
48139
48140
48141
48142
48143
48144
48145
48146
48147
48148
48149
48150
48151
48152
48153
48154
48155
48156
48157
48158
48159
48160
48161
48162
48163
48164
48165
48166
48167
48168
48169
48170
48171
48172
48173
48174
48175
48176
48177
48178
48179
48180

Page 1 of 3

Check Register
Vendor Number
2661
1401
2181
1200
2552
1310
2815
00164
3144

Packet: APPKT00125-10-27-15 WARRANTS


Vendor Name
STAPLES CONTRACT & COMMERCIAL
STEVENSON SUPPLY
SUN RIDGE SYSTEMS, INC.
SWRCB ACCOUNTING OFFICE
U.S. BANK
USA BLUE BOOK
VALLEY TOXICOLOGY SERVICES INC
WESTGATE PETROLEUM CO., INC.
YOUNG'S TOWING

Payment Date
10/27/2015
10/27/2015
10/27/2015
10/27/2015
10/27/2015
10/27/2015
10/27/2015
10/27/2015
10/27/2015

Payment Type
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular

Discount Amount
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00

Payment Amount
339.54
359.05
4,752.00
9,437.86
5,059.57
420.16
85.00
2,423.12
1,080.00

Number
48181
48182
48183
48184
48185
48186
48187
48188
48189

Bank Code AP BANK Summary


Payment Type
Regular Checks
Manual Checks
Voided Checks
Bank Drafts
EFT's

10/27/2015 6:31:13 PM

Payable
Count
102
0
0
0
0
102

Payment
Count
63
0
0
0
0
63

Discount
0.00
0.00
0.00
0.00
0.00
0.00

Payment
222,894.84
0.00
0.00
0.00
0.00
222,894.84

Page 2 of 3

Check Register

Packet: APPKT00125-10-27-15 WARRANTS

Fund Summary

10/27/2015 6:31:13 PM

Fund

Name

Period

998

POOLED CASH

10/2015

Amount
222,894.84
222,894.84

Page 3 of 3

From:
To:
Subject:
Date:
Attachments:

jferguson@lakeportpolice.org
Hilary Britton
Re: Application 2016-001 - Home Wine & Beer Makers Festival
Friday, October 02, 2015 1:24:29 PM
image003.png

Police:
1-additional Police Officer to cover for dayshift due to amount of people in attendance with alcohol.
Officer rate is $68.00 per hour for 5 hours while the event is taking place.
Lt

A true hero is not defined simply by the uniform he or she is wearing but rather the person
who's wearing it!

-----Original Message----From: Hilary Britton [mailto:hbritton@cityoflakeport.com]


Sent: Friday, October 2, 2015 11:59 AM
To: Amanda Frazell (Amanda.Frazell@lakecountyca.gov),
Cheryl Bennett (cheryl.bennett@lakecountyca.gov), 'Cynthia Ader', 'Doug Grider',
'Executive Management', 'Gary Basor', 'Jason Ferguson', 'Jim Kennedy', 'Linda Sobieraj',
Lori Price (lorip@co.lake.ca.us), Mark Wall (mwaconsulting@comcast.net),
'Mike Sobieraj', Pheakdey Preciado (pheakdey.preciado@lakecountyca.gov),
'Rebekah Dolby', 'Ron Ladd', Tina Rubin (Tina.Rubin@lakecountyca.gov)
Subject: Application 2016-001 - Home Wine & Beer Makers Festival

Please find attached Application 2016-001 for the annual Home Wine &
Beer Makers Festival to be held June 18, 2016 in Library Park, for your
review.

I would like to submit this application to the City Council at the


November 3, 2015 meeting, so please have your comments back to me
by October 27, 2015.

Thank you for your input.

Hilary Britton
Acting Deputy City Clerk
City of Lakeport
225 Park Street
Lakeport, CA 95453
(707) 263-5615 x43
hbritton@cityoflakeport.com

This email checked with McAfee SaaS.

From:
To:
Subject:
Date:
Attachments:

Lori Price
Hilary Britton
RE: Application 2016-001 - Home Wine & Beer Makers Festival
Tuesday, October 13, 2015 4:55:21 PM
image006.png

Woops missed this one. I have reviewed the above subject event and it does not appear to impact
county roads in any way. We therefore have no comments or conditions to attach to this
application.

Thank you,

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: Hilary Britton [mailto:hbritton@cityoflakeport.com]
Sent: Friday, October 02, 2015 11:59 AM
To: Amanda Frazell; Cheryl Bennett; Cynthia Ader; Doug Grider; Executive Management; Gary Basor;
Jason Ferguson; Jim Kennedy; Linda Sobieraj; Lori Price; Mark Wall (mwaconsulting@comcast.net); Mike
Sobieraj; Pheakdey Preciado; Rebekah Dolby; Ron Ladd; Tina Rubin
Subject: Application 2016-001 - Home Wine & Beer Makers Festival

Please find attached Application 2016-001 for the annual Home Wine &
Beer Makers Festival to be held June 18, 2016 in Library Park, for your
review.
I would like to submit this application to the City Council at the November
3, 2015 meeting, so please have your comments back to me by October
27, 2015.
Thank you for your input.
Hilary Britton
Acting Deputy City Clerk
City of Lakeport
225 Park Street
Lakeport, CA 95453
(707) 263-5615 x43
hbritton@cityoflakeport.com

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

STAFF REPORT
RE:

MEETING DATE:

Business License Penalty Waiver

SUBMITTED BY:

11/3/2015

Daniel Buffalo, Finance Director

PURPOSE OF REPORT:

Information only

Discussion

Action Item

WHAT IS BEING ASKED OF THE CITY COUNCIL/BOARD:


The City Council is being asked to waive late payment penalties associated with the business license renewal for
Grocery Outlet.
BACKGROUND/DISCUSSION:
Chapter 5.04 of the Lakeport City Code requires all commercial enterprise doing business in the City of Lakeport
to file an application and pay a fee for the privilege. Section 5.04.210 (last revised in 1969) subjects any such
business that files a renewal application after the prescribed due date to a penalty of fifty percent the
outstanding fee owed. Grocery Outlet renewed its application eleven days after it was due and, subsequently,
was subject to the penalty, totaling $175.50. It paid the penalty accordingly.
The Council has discretion to waive the penalty upon request, which the owner has done. Because of the short
amount of time the renewal was past due, staff recommends granting the waiver.
Further, upon more detailed review of the code, staff believes that certain sections pertaining to business
licensing are dated and in need of updating. Management will bring such proposed revisions to Council at a
later date.
OPTIONS:
1. Approve the waiver of penalties associated with the business license renewal of Grocery Outlet in
Lakeport for the 2015-16 license period.
2. Do not approve but provide direction to staff.
FISCAL IMPACT:
None

$175.00

Budget Adjustment Needed?


Affected fund(s):

Budgeted Item?
Yes

General Fund

No

Yes

No

If yes, amount of appropriation increase: $

Water OM Fund

Sewer OM Fund

Other:

Comments:
SUGGESTED MOTIONS:
Move to approve the waiver of penalties associated with the business license renewal for Grocery Outlet in
Lakeport and issue a full refund of the penalty amount.
Attachments:
Meeting Date: 11/03/2015

Page 1

Agenda Item #IV.E.

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

STAFF REPORT
RE: Annual Maddy Act Report
SUBMITTED BY:

MEETING DATE:

11/03/2015

Kelly Buendia, Acting City Clerk

PURPOSE OF REPORT:

Information only

Discussion

Action Item

WHAT IS BEING ASKED OF THE CITY COUNCIL/BOARD:


The City Council is being asked to receive and file an annual report pursuant to the Maddy Act.
BACKGROUND/DISCUSSION:
The Maddy Act (Government Code Sections 54970 through 54974) requires that on or before December 31 of
each year, each legislative body prepare an appointments list of all regular ongoing boards, commissions, and
committees which are appointed by the legislative body of the local agency.
Pursuant to the Maddy Act, the list must contain the list of all appointive terms that expire during the next
calendar year, with the name of the incumbent appointee, the date of appointment, the date the term expires,
and the necessary qualifications for the position. The list must be made available to the public.
Upon filing of the report, staff will begin actively recruiting vacant positions and bring back candidates to the
Council prior to term expiration.
OPTIONS:
There are no options as this matter is statutorily mandated.
FISCAL IMPACT:
None

Budgeted Item?

Budget Adjustment Needed?


Affected fund(s):

Yes

General Fund

No

Yes

No

If yes, amount of appropriation increase: $

Water OM Fund

Sewer OM Fund

Other:

Comments:
SUGGESTED MOTIONS:
Move to receive and file the annual Maddy Act Appointment List.

Attachments:

Meeting Date: 11/030/2015

1. Maddy Act Appointment List

Page 1

Agenda Item #VI.A.1.

CITY OF LAKEPORT
MADDY ACT APPOINTMENT LIST

2016

NOTICE: In compliance with the requirements of the Maddy Act (Government Code 54970, et seq.), the following appointment list
was posted on or before December 31, 2015, at the City Hall, City of Lakeport, 225 Park Street, Lakeport, CA 95453, and at the
Lakeport Library, 1425 North High Street, Lakeport, CA 95453. The City Council of the City of Lakeport will make appointments to
the positions below which will expire or will otherwise become vacant in 2016. Unless noted otherwise, all appointees must be
residents of the City of Lakeport.

PLANNING COMMISSION
The Planning Commission meets the second Wednesday of each month at 5:00 p.m. in the Council Chambers of City Hall. The city council may
appoint one member who lives outside of the city limits but within the Lakeport zip code area.

COMMISSIONER
Ken Wicks
Thomas Gaynor
Harold Taylor
Ross Kauper
Suzanne Russell

DATE APPOINTED
May 1, 2012
June 19, 2012
December 2, 2014
December 2, 2014
December 2, 2014

TERM ENDS
December 31, 2016
December 31, 2016
December 31, 2018
December 31, 2018
December 31, 2018

PARKS & RECREATION COMMISSION


The Parks & Recreation Commission meets on the second Thursday of each month at 3:00 p.m. in the Council Chambers at City Hall.

COMMISSIONER
Ann Blue
Cindy Ustrud
Suzanne Russell
Suzanne Lyons
VACANT

DATE APPOINTED
December 17, 2013
December 17, 2013
December 17, 2013
December 2, 2014

TERM ENDS
December 31, 2015
December 31, 2015
December 31, 2015
December 31, 2016
December 31, 2016

TRAFFIC SAFETY ADVISORY COMMITTEE


The Traffic Safety Advisory Committee meets, as needed, on the third Wednesday of each month at 9:00 a.m. in the City Hall Conference Room.
Two of the voting members shall have a background in traffic safety and/or have a familiarity with the California Vehicle Code.

COMMISSIONER
Steven Jones
Vicki Cole
Ann Blue
Kermit Knudson
Suzanne Russell
Walter Cox (non-voting)

DATE APPOINTED
October 5, 2010
April 24, 2006
February 15, 2011
February 15, 2011
February 15, 2011
February 15, 2011

TERM ENDS
March 1, 2013
March 1, 2013
March 1, 2015
March 1, 2015
March 1, 2015
March 1, 2015

LAKEPORT ECONOMIC DEVELOPMENT ADVISORY COMMITTEE


This committee meets the first Wednesday of each month at 7:00 a.m. in the Council Chambers at City Hall. Membership to this committee is open
to anyone who lives, works, shops, or does business in the City of Lakeport. This includes residents who live in unincorporated areas of the
Lakeport trade area.

COMMISSIONER
Christine Hutt
George Linn
Pamela Harpster
Paula Pepper-Duggan
Taira St. John
Chris King
Melissa Fulton
Rebecca Southwick
Rick Hamilton
Wilda Shock
William Eaton

DATE APPOINTED
December 17, 2013
December 17, 2013
February 4, 2014
December 17, 2013
December 17, 2013
December 2, 2014
December 2, 2014
December 2, 2014
December 2, 2014
December 2, 2014
December 2, 2014

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CITY OF LAKEPORT
City Council
City of Lakeport Municipal Sewer District

STAFF REPORT
RE: PEG Channel Agreement

MEETING DATE:

11-2-15

SUBMITTED BY: Margaret Silveira, City Manager


PURPOSE OF REPORT:

Information only

Discussion

Action Item

WHAT IS BEING ASKED OF THE CITY COUNCIL/BOARD:


The City Council is being asked to consider the approval of an agreement between the City of Lakeport,
Clearlake and the County of Lake relative to the operation of a local public educational, governmental
(PEG) channel.
BACKGROUND:
In 2007, the County of Lake and the City of Clearlake entered into a written agreement in where they jointly
assumed formal responsibility for the operation and maintenance and funding of this PEG Channel.
In 2013, the City of Lakeport, along with the City of Clearlake and the County, implemented the portion of
Section 5870(n) of the Public Utilities Code which enables each of the entities to impose an additional 1%
franchise fee specifically and exclusively for the purpose of funding to support PEG Channel facilities. The
additional 1% franchise fee is remitted to each entity by Mediacom. Each entity then remits the fee to the
City of Clearlake special agency fund for the capital budget utilized exclusively for allowable incurred
expenses by the PEG Channel for their capital budget.
In 2014, Mayor Scheel was appointed to the PEG Board by the PEG Board members.
DISCUSSION:
If the agreement is approved, general supervision of the PEG Channel shall be under the control of a Board
of PEG Channel Directors, made of five (5) members, three of whom shall be appointed by the governing
boards of the respective governmental entities, (1) appointed by Board of Supervisors; one (1) appointed by
the Clearlake City Council; one (1) appointed by the Lakeport City Council; and two (2) members of the
general public appointed by three Directors appointed by the parties to this Agreement.
This agreement between the three entities to operate the PEG Channel will provide funds to the operating
budget. The County of Lake is committing $15,000, the City of Clearlake is committing $8,000 (in-kind
staff, facilities, insurance, and operating expenses), and the City of Lakeport is committing $2,000, on an
annual basis.
OPTIONS:
Approve to Agreement.
Approve Agreement with modifications.
Disapprove Agreement.
Meeting Date: 11/03/2015

Page 1

Agenda Item #VI.B.1.

FISCAL IMPACT:
$2,000 General Fund

Account Number:

Comments:

SUGGESTED MOTIONS:
Move to approve an agreement between the City of Clearlake, City of Lakeport and the County of Lake
relative to operation of a local public, educational, governmental cable television channel, referred to as the
PEG Channel.
Attachments:

Meeting Date: 11/03/2015

1. Agreement

Page 2

Agenda Item #VI.B.1.

AGREEMENT BETWEEN THE CITY OF CLEARLAKE, CITY OF LAKEPORT


AND COUNTY OF LAKE RELATIVE TO OPERATION OF A LOCAL PUBLIC,
EDUCATIONAL, GOVERNMENTAL (PEG) CABLE TELEVISION CHANNEL
THIS AGREEMENT is entered into this ______ day of __________, 2015, by and
between the County of Lake, the City of Lakeport, and the City of Clearlake, for the
operation of a local public, educational, governmental cable television channel,
hereinafter referred to as the PEG Channel.
RECITALS
WHEREAS, the City of Clearlake initially operated a local PEG Channel through its
franchise agreement with Mediacom and representatives of the County of Lake and City
of Lakeport participated with representatives of the City of Clearlake as members of an
advisory committee established by the City of Clearlake to assist in administering and
managing the PEG Channel; and
WHEREAS, in 2007, the County of Lake and the City of Clearlake entered into a written
agreement through which they jointly assumed formal responsibility for the operation,
maintenance and funding of this PEG Channel in the best interest of the citizens of Lake
County; and
WHEREAS, the City of Lakeport now also wishes to formally participate with the City
of Clearlake and the County of Lake in the operation, maintenance and funding of the
PEG Channel and it is appropriate that all three entities enter into a written agreement for
that purpose.
NOW, THEREFORE, IT IS UNDERSTOOD AND AGREED by the parties hereto as
follows:
ESTABLISHMENT, MEMBERSHIP, AND TERM OF OFFICE OF THE BOARD
OF DIRECTORS OF PEG T V
1.

The County of Lake, City of Lakeport and City of Clearlake agree to jointly
administer and manage the PEG Channel, which shall henceforth be known as and
publicly identified as the Lake County PEG Channel.

2.

General supervision of the PEG Channel shall be under the control of a Board of
PEG Channel Directors, three of whom shall be appointed by the governing
boards of the respective governmental entities, to wit: a board of five (5) Directors,
one (1) of whom shall be appointed by the Board of Supervisors; one (1) of whom
shall be appointed by the City Council of the City of Clearlake; one (1) of

3.

whom shall be appointed by the City Council of the City of Lakeport; and two (2)
members of the general public appointed by majority vote of the three Directors
appointed the parties to this Agreement.
The term of the three board members appointed by the two cities and the County
shall expire on the first Monday in January of every even-numbered year and the
term of the other two board members shall expire on the first Monday in January
of every odd-numbered year. Upon expiration, board members may apply for
reappointment. Each member shall serve until his or her successor is duly
appointed and qualified.
DUTIES AND POWERS OF THE BOARD OF PEG CHANNEL DIRECTORS

4.

The Board of Directors so established shall be responsible for:


a.

b.

Prescribing all rules and regulations for the operation and management of
the PEG channel, including adoption of community programming policies;

Providing general supervision of the PEG TV Manager who shall have


responsibility for the day- to -day management and operation of the
channel, which shall include reviewing and authorizing the expenditure of
funding provided pursuant to Section 6, below, submitting to each agency
by March 1st of each year. a capital budget for the next fiscal year, which
shall be funded by the 1% fee collected pursuant to Section 5870(n) of the
Public Utilities Code, and a separate operating budget, which shall be
funded by all other unrestricted funds; and submitting to each agency by by
December 1 of each year fiscal records, as described in Section 6 below,
detailing the expenditure of monies in the capital budget and the operating
budget for the preceeding fiscal year ;
c.
d.

Seeking underwriting income for operation of the channel;


Reporting at least annually to the governing bodies of their respective
political entities on the status of the above;

e.

Reporting regularly to their respective governing bodies as each shall


require upon the uses and needs of the PEG Channel in order to provide
maximum public benefit and use of the Channel;

f.

Recommending any modifications of this Agreement as may be deemed


appropriate; and

g.

Upon any pending termination of this Agreement, the Board of Directors


shall recommend the manner of disposition of the property and
2

improvements purchased with funding provided through this Agreement.

LEAD AGENCY
5.

It is agreed by all parties to this Agreement that the City of Clearlake shall
continue being the lead agency in administering the PEG Channel. Any
employees or contractors hired to work on operation of the PEG Channel working
under the direction of the PEG Channel Board of Directors shall be employees or
contractors of the City of Clearlake, unless by mutual written Agreement of all
parties to this Agreement, the City of Lakeport or County of Lake are designated at
a future date as the lead agency
FISCAL OBLIGATIONS

6.

a. Operating Budget. This Agreement is made and entered into in contemplation


of the County of Lake, City of Clearlake and City of Lakeport allocating funds in
each fiscal year throughout the term of this Agreement for operation of the PEG
Channel in the following amounts: the County of Lake ($15,000); City of
Clearlake ($8,000) and the City of Lakeport ($2,000). The amount from the City
of Clearlake may be provided in-kind by providing staffing, facilities, insurance,
and other operating expenses As stated in Section 4(b) above, an operating budget
shall be prepared and submitted to each governing body by March 1st of each year,
for the following fiscal year. Upon receipt of said monies, the City of Clearlake
shall deposit them in a special agency fund established by the Finance Director of
the City of Clearlake and shall be used exclusively for payment of expenses
incurred in operating the PEG Channel as authorized by the Board of Directors.
b. Capital Budget. It is further understood and agreed that the Lake County Board
of Supervisors, the Clearlake City Council and the Lakeport City Council have
implemented tha portion of Section 5870(n)of the Public Utilities Code which
enables each of their respective governmental entities to impose an additional
franchise fee specifically and exclusively for purposes of funding to support PEG
channel facilities consistent federal law. It is understood that all revenues
generated from said additional fee are remitted to each respective local
government by Mediacom. The County of Lake, City of Clearlake and City of
Lakeport shall remit such revenues to the City of Clearlake to deposit into a
special agency fund for the capital budget to be utilized exclusively for legally
allowable expenses incurred by the PEG channel. The capital budget (as
mentioned in Section 4. b above) shall show the planned expenditures to be funded
by said 1% fee. Revenues not spent in the current fiscal year may be retained in
the special agency fund for legally allowable expenses as may arise in future fiscal
years.
3

c. Fiscal Records. As the Lead Agency, the City of Cearlake shall prepare and
maintain accounting records and adopt fiscal policies and practices that are in
compliance with standard accounting practices prescribed by the County AuditorController. All records and documentation detailing how funds provided under this
Agreement are expended shall be maintained by the City of Clearlake for at least
three (3) years after final expenditure of funds. Said records and documentation
shall be made available to the governing body of each participating agency upon
request
d. Non-appropriation. In the event any party to this Agreement does not
appropriate the amount specified in Section 6.a in their annual budget, said party
shall have the right to withhold the amount without incurring any damages or
penalties., If such funding is not provided in one fiscal year, the governing body of
the party withholding said monies, shall consider providing that amount in the
next fiscal year in addition to the monies provided for the current year.
.
TERM
7.

This Agreement shall begin on the date of execution by all parties to this
Agreement and shall continue in full force and effect until June 30, 2018 unless
terminated as hereinafter provided. By March 1, 2018 , the City Managers of each
City and the County Administrative Officer shall meet to discuss the extension of
this Agreement for another three year period.
DUE PERFORMANCE - DEFAULT

8.

Each party to this Agreement undertakes the obligation that the others expectation
of receiving the performance due under the terms of this Agreement will not be
impaired. Upon the occurrence of any default of the provisions of this Agreement,
a party shall give written notice of said default to the other parties. If the party in
default does not cure the default within 30 days of the date of that notice (i.e. the
time to cure) then such party shall be in default. The time to cure may be extended
at the discretion of the party giving notice. Any extension of time to cure shall be
in writing executed by all parties to this Agreement and must specify the reason(s)
for the extension and the date the extension of time to cure expires.
Notice given under this provision shall specify the alleged default and the
applicable Agreement provision and shall demand that the party in default perform
the provisions of this Agreement within the applicable time period. No such
notice shall be deemed a termination of this Agreement, unless the party giving
notice so elects in that notice, or so elects in a subsequent written notice after the
time to cure has expired.
4

TERMINATION
9.

Any party to this Agreement may withdraw from the Agreement by submitting a
letter of withdrawal to the Board of Directors no later than May 1st of each year, to
become effective on June 30th.
INSURANCE

10.

Compensation Insurance. As the Lead Agency, the City of Clearlake shall


procure and maintain, at its own expense during the term hereof, Workers
Compensation Insurance and Employers Liability Insurance as required by the
State of California, for all employees to be engaged in work under this Agreement.
In any case such work is contracted, contractors shall be required similarly to
provide Employers Liability Insurance and Workers Compensation Insurance for
all of the latters employees to be engaged in such work, unless such employees
are covered by the protection afforded by Contractors Workers Compensation
Insurance and Employers Liability Insurance. Employers Liability Insurance
shall be in an amount not less than One Million Dollars ($1,000,000.00) per
occurrence.

11.

Commercial General Liability. As the Lead Agency, the City of Clearlake, shall
procure and maintain, at its own expense during the term hereof, upon himself
and his employees at all times during the course of this Agreement, Commercial
General Liability Insurance (Occurrence Form CG0001) for bodily injury,
personal injury, and broad form property damage, in an amount of not less than
One Million dollars ($1,000,000.00) combined single limit coverage per
occurrence, including but not limited to endorsements for the following coverages;
Personal and advertising injury, Premises-operations, Products and completed
operations, Blanket contractual, and Independent contractors liability.

12.

Automobile Liability Insurance. As the Lead Agency, the City of Clearlake,


shall procure and maintain, at its own expense during the term hereof,
Comprehensive Automobile Liability Insurance, both bodily injury and property
damage, on owned, hired, leased, and non-owned vehicles used in connection with
fulfilling the terms of this Agreement in an amount not less than One Million
Dollars ($1,000,000.00) combined single limit coverage per occurrence.
INDEMNIFICATION - HOLD HARMLESS

13.

Each party shall indemnify and hold the other parties harmless against all actions,
claims, demands, and liabilities and against all losses, damage, cost, expenses, and
attorneys fees, arising directly or indirectly out of an actual or alleged injury to a
person or property in the same proportion than its own acts and/or omissions are
attributed to said claim, demand, liability, loss, damage, cost, expenses, and/or
5

attorneys fees. This provision shall not extend to any claim, demand, liability,
loss, damage, cost, expenses, and/or attorneys fees covered by the insurance of
either party.
The obligations under this Section shall survive the termination of the Agreement.
WARRANTIES
14.

Non-Discrimination in Employment. In the performance of the work authorized


under this Agreement, the parties to this Agreement shall not unlawfully
discriminate against any qualified worker because of race, religious creed, color,
sex, sexual orientation, national origin, ancestry, physical disability, mental
disability, medical condition, marital status, or age.

15.

Adherence to Applicable Disability Law. The parties to this Agreement shall be


responsible for knowing and adhering to the requirements of Section 504 of the
Rehabilitation Act of 1973, the Americans with Disabilities Act, (42 U.S.C.
Sections 12101, et seq,). California Government Code Sections 12920 et seq., and
all related state and local laws.

16.

HIPAA Compliance. The parties to this Agreement will adhere to Titles 9 and 22
and all other applicable Federal and State statutes and regulations, including the
Health Insurance Portability and Accountability Act of 1996 (HIPAA) and will
make their best efforts to preserve data integrity and the confidentiality of
protected health information.

17.

Safe Responsibilities. The parties to this Agreement will adhere to all applicable
CalOSHA requirements in performing work pursuant to this Agreement. The
parties to this Agreement agree that in the performance of work under this
Agreement, they will provide for the safety needs of its employees and will be
responsible for maintaining the standards necessary to minimize health and
safety hazards.
MODIFICATION

18.

This Agreement may only be modified by a written amendment thereto, executed


by all parties.
ATTORNEYS FEES AND COSTS

19.

If any action at law or in equity is necessary to enforce or interpret the terms of


this Agreement, the prevailing party shall be entitled to reasonable attorneys fees,
costs, and necessary disbursements in addition to any other relief to which such
party may be entitled.

JURISDICTION AND VENUE


20.

This Agreement shall be construed in accordance with the laws of the State of
California and the parties hereto agree that venue of any action or proceeding
regarding this Agreement or performance thereof shall be in Lake County,
California.
SEVERABILITY

21.

If any provision of this Agreement is held to be unenforceable, the remainder


of this Agreement shall be severable and not affected thereby.
NOTICES

22.

All notices that are required to be given by one party to the other party under this
Agreement shall be in writing and shall be deemed to have been given if delivered
personally or enclosed in a properly addressed envelope and deposited with the
United States Post Office for delivery by registered or certified mail addressed to
the parties at the following addresses, unless such addresses are changed by notice,
in writing, to the other party.

County of Lake
255 North Forbes St.
Lakeport, California, 95453
Attn: County Adm. Officer

City of Clearlake
14050 Olympic Drive
Clearlake, CA 95422
Attn: City Administrator

City of Lakeport
225 Park Street
Lakeport, California 95453
Attn: City Manager

ADDITIONAL PROVISIONS
23.

This Agreement shall be governed by the laws of the State of California. It


constitutes the entire Agreement between the parties regarding its subject matter.
This Agreement supersedes all proposals, oral and written, and all negotiations,
conversations or discussions heretofore and between the parties related to the
subject matter of this Agreement.

IN WITNESS WHEREOF, the parties have executed this Agreement by their proper
officers.
COUNTY OF LAKE

_____________________
Chair, Board of Supervisors
ATTEST:

Matt Perry

APPROVED AT TO FORM:
7

Clerk of the Board


of Supervisors

ANITA L. GRANT
County Counsel

By:_____________________

By:______________________

CITY OF CLEARLAKE

____________________
Mayor, City of Clearlake

APPROVED AS TO FORM
City of Clearlake Attorney

ATTEST: City Clerk


By:_______________________
____________________
CITY OF LAKEPORT

_______________________
Mayor, City of Lakeport

APPROVED AS TO FORM
City of Lakeport Attorney

ATTEST: City Clerk

By:__________________________

____________________