Lakeport City Council Agenda Packet

AGENDA
REGULAR MEETING OF THE LAKEPORT CITY COUNCIL

(ALSO MEETS AS THE CITY OF LAKEPORT MUNICIPAL SEWER DISTRICT, THE LAKEPORT INDUSTRIAL
DEVELOPMENT AUTHORITY, THE MUNICIPAL FINANCING AGENCY OF LAKEPORT and THE SUCCESOR
AGENCY TO THE LAKEPORT REDEVELOPMENT AGENCY)
Tuesday, August 15, 2017
City Council Chambers, 225 Park Street, Lakeport, California 95453
Any person may speak for three (3) minutes on any agenda item; however, total public input per item is not to exceed 15 minutes, extended at the discretion of the
City Council. This rule does not apply to public hearings. Non-timed items may be taken up at any unspecified time.
I. 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 to
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 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 City Council regular meeting of July 18, 2017, and the
special City Council meetings of July 24, 2017, and August 8, 2017.
C. Warrants: Approve the warrant register of July 24, 2017.
D. Application 2017-028: Approve Application No. 2017-028, with staff recommendations, for the
Recovery Happens event to be held September 16, 2017 in Library Park.
E. Measure Z Advisory Committee: Receive and file the draft minutes of the July 31, 2017 Measure Z Advisory
Committee meeting.
F. Polestar Information Technology Approve and authorize the City Manager to execute the attached professional
Contract: services agreement with Polestar Computers for the provision of IT support
services.
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 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: Presentation of donation by the Lake County Chamber of Commerce for the
Annual Fireworks Show in Library Park.
C. Presentation: Presentation by the promoters of the 2017 Downtown Lakeport Criterium which
was held July 15, 2017.
VI. COUNCIL BUSINESS:
A. Community Development Director
1. Planning Commission Appeal: Consider the appeal, filed by Cross Development, of the Planning Commission
Dollar General/Cross decision to deny the Architectural and Design Review application (AR 17-02), and
Development find that the Project qualifies for a Categorical Exemption pursuant to Section
15332 of the CEQA Guidelines, and remand to the Planning Commission for the
consideration of the adequacy of the Architectural and Design Review
application (AR 17-02).
B. Public Works Director
City Council Agenda of August 15, 2017 Page 2
1. Water Emergency Resolutions Adopt the proposed Resolution to rescind Resolution No. 2546 (2015) and
and Proclamations continue the prohibition of certain wasteful water usage practices
C. Finance Director
1. Gann Limit Revision Approve the corrected appropriations limit of $11,852,201 in Fiscal Year 2017-18
and $11,463,663 in Fiscal Year 2016-2017 for the City of Lakeport and adopt the
proposed resolution.
VII. CITY COUNCIL COMMUNICATIONS:
A. Miscellaneous Reports, if any:
VIII. ADJOURNMENT:
Materials related to an item on this Agenda submitted to the Council after distribution of the agenda packet are available for public inspection in the City 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, 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, THE
MUNICIPAL FINANCING AGENCY OF LAKEPORT and THE SUCCESOR AGENCY TO THE LAKEPORT REDEVELOPMENT AGENCY)
Tuesday, July 18, 2017
CLOSED SESSION: Mayor Mattina called the meeting to order at 5:33 p.m. Mayor Mattina
adjourned the meeting to Closed Session at 5:34 p.m.
CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov. Code 54956.8);

Property Address: APN 025-383-05-00; Agency Negotiator: City Manager Silveira;
Negotiating Parties: City of Lakeport and Carol Cooper; Under Negotiation: Price
and Terms of Payment.
REPORT OUT OF CLOSED SESSION: Mayor Mattina announced that there was no reportable action out of closed
session.
I. CALL TO ORDER & ROLL CALL: Mayor Mattina called the meeting to order at 6:07 p.m. Council Members
Barnes, Council Member Parlet, Council Member Spurr and Council Member
Turner were present.
II. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Council Member Mireya Turner.
III. ACCEPTANCE OF AGENDA: A motion was made by Council Member Turner, seconded by Council Member
Parlet, and unanimously carried by voice vote to accept the agenda as posted.
Urgency Items: There were no urgency items presented.
IV. 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 City Council regular meeting of June 20, 2017, the
regular adjourned City Council meetings of June 27 and June 29, 2017, and the
special City Council meeting of July 11, 2017.
C. Warrants: Approve the warrant register of June 23, 2017.
D. Application 2017-025: Approve Application No. 2017-025, with staff recommendations, for the Annual
Clear Lake High School Homecoming Parade to take place on Main Street on
September 22, 2017.
E. Application 2017-026: Approve Application No. 2017-026, with staff recommendations, for the
Sponsoring Survivorship Run/Walk to take place on October 7, 2017.
F. Application 2017-027: Approve Application No. 2017-027, with staff recommendations, for the Annual
Splash-In event to take place on September 15 & 16, 2017.
G. Claim Rejection: Reject Claim No. 2017-002, filed by James Kuzyk, as recommended by REMIF.
H. School Resource Officer: Approve proposed Memorandum of Understanding between the Lakeport
Unified School District and the City of Lakeport for the services of a School
Resource Officer and authorize the City Manager to sign.
Vote on Consent Agenda: A motion was made by Council Member Parlet, seconded by Council Member
Barnes, and unanimously carried by voice vote to Approve the Consent Agenda,
items A-H.
V. PUBLIC PRESENTATIONS/REQUESTS:
City Council Minutes of July 18, 2017 Page 2
A. Citizen Input: Wilda Shock invited the Council and public to attend the Shakespeare at the Lake
production of Much Ado About Nothing.
B. Presentation: Barbara Bruenig, Al Menchaca and Panette Talia presented a donation by the
Lakeport Main Street Association for the Annual Fireworks Show in Library Park.
VI. COUNCIL BUSINESS:
A. Finance Director
1. Auditor Contract: The staff report was presented by Finance Director Walker.
A motion was made by Council Member Parlet, seconded by Council Member
Turner, and unanimously carried by voice vote to approve and authorize the City
Manager to execute the Professional Services Agreement with JJACPA for
independent auditing services.
2. Utility Billing Delinquency The staff report was presented by Finance Director Walker.
Report:
A motion was made by Council Member Spurr, seconded by Council Member
Parlet, and unanimously carried by voice vote to adopt the resolution electing to
have delinquent utility charges collected on the tax roll for fiscal year 2016-2017,
fixing the time and place of a hearing on the written report on such charges, and
prescribing notice of such hearing.
B. Community Development Director:
1. Lakeport Economic The staff report was presented by Community Development Director Ingram.
Development Strategic Plan: A motion was made by Council Member Turner, seconded by Council Member
Barnes, and unanimously carried by voice vote to adopt the proposed resolution
approving the City of Lakeport Economic Development Strategic Plan, 2017-2022.
VII. CITY COUNCIL COMMUNICATIONS:
A. Miscellaneous Reports, if any: City Manager Silveira reported that the Inaugural Downtown Lakeport Criterium
bike race had a great turn-out and attracted many first-time visitors.
City Attorney Ruderman offered no report.
Public Works Director Grider offered no report.
Finance Director Walker offered no report.
Administrative Services Director Buendia reminded the City Council of a special
meeting set for Monday, July 24, 2017 at 5:15 p.m.
Chief Rasmussen reported that the School Resource Officer should be onsite at
the school on August 8, 2017. He also invited the public to the National Night
Out event on August 1 in the Esplanade neighborhood.
Community Development Director Ingram reported that the public draft of the
Lakefront Revitalization Plan is on the City website and he invited the Council and
public to review.
Council Member Spurr offered no report.
Council Member Parlet reported that he attended League of California Cities
Executive Forum meetings including municipality earthquake preparedness.
Council Member Barnes reported that he received a lot of positive feedback
regarding the Criterium. He also received some mixed feedback from business
owners.
Council Member Turner thanked Planning Commissioner Michael Froio for
meeting with District 4 Supervisor Scott and herself to tour the Beach Street
neighborhood to better understand the issues and concerns.
Mayor Mattina commented on the fabulous Fourth of July fireworks.
VIII. ADJOURNMENT: Mayor Mattina adjourned the meeting at 7:06 p.m.
City Council Minutes of July 18, 2017 Page 3
_______________________________________
Stacey Mattina, Mayor
Attest:
________________________________________
Kelly Buendia, City Clerk
MINUTES
SPECIAL MEETING
OF THE LAKEPORT CITY COUNCIL
Monday, July 24, 2017
5:15 p.m.
CALL TO ORDER AND ROLL CALL: Mayor Mattina called the Special Meeting to order at 5:18 p.m.
Council Members Turner, Spurr, and Mayor Mattina were present. Council
Member Parlet arrived at 5:19 p.m. Council Members Barnes was absent.
ASSISTANT CITY MANAGER The staff report was presented by City Manager Silveira.
ASSIGNMENT STIPEND:
Turner, and unanimously carried by voice vote, with Council Member Barnes
absent, to approve a stipend in the amount of $500 per month for an Executive
Manager assigned as Assistant City Manager.
20TH STREET TRAFFIC MITIGATION The staff report was presented by Public Works Director Grider.
PLAN:
Mary Ann Larrea and Jerome Stracklin had questions of staff.
A motion was made by Council Member Turner, seconded by Council Member
Parlet, and unanimously carried by voice vote, with Council Member Barnes
absent, to authorize the City Manager to sign a contract with Striping Graphics
not to exceed $17,010 for the installation of thermoplastic striping on a
portion of the 20th Street roadway.
CARNEGIE LIBRARY ACCESSIBILITY Community Development Director Ingram gave an update on the Carnegie
PROJECT: Library Accessibility Project. He advised that the only bid received was
approximately twice the amount of the Engineers estimate. Staff
recommended rejecting the current bid in favor of preparing another bid
request that would separate the component jobs out into individual contracts,
i.e.: elevator purchase/installation, lighting, ceiling finish, bathroom
renovation.
Spurr, and unanimously carried by voice vote, with Council Member Barnes
absent, to reject the lone bid from Cupples and Sons Construction for the
Carnegie Library Accessibility Upgrade Project.
CLOSED SESSION: Mayor Mattina adjourned the meeting to Closed Session At 5:47 pm to
consider:
CONFERENCE WITH LABOR NEGOTIATOR (Gov. Code 54957.6): Name of City
Negotiator to Attend Closed Session: Margaret Long and Administrative
Services Director Kelly Buendia; Employee Organizations: Lakeport Employee
Association and the Unrepresented Employee Group.
ADJOURNMENT: Mayor Mattina advised there was no reportable action from Closed Session,
and adjourned the meeting at 7:48 p.m.
Attest:
____________________________________
______________________________
MINUTES
NOTICE AND CALL OF SPECIAL MEETING
OF THE LAKEPORT CITY COUNCIL
Tuesday, August 8, 2017
ROLL CALL: Mayor Mattina called the meeting to order at 5:01 p.m. Council
Members Barnes, Spurr, and Turner were present. Council Member
Parlet was absent.
I. PUBLIC HEARING: The staff report was presented by Finance Director Walker.
DELINQUENT
Mayor Mattina opened the Public Hearing at 5:04 p.m.
UTILITY CHARGES
There was no public testimony offered.
Mayor Mattina closed the Public Hearing at 5:04 p.m.
A motion was made by Council Member Turner, seconded by Council
Member Barnes, and carried by voice vote, with Council Member Parlet
absent, to adopt the resolution to confirm and approve the utility billing
delinquency list and the associated resolution and direct staff to submit
the list to the County Auditor-Controller for inclusion on the property tax
roll.
II. BID AWARD: The staff report was presented by Public Works Director Grider.
GISELMAN PAVING
A motion was made by Council Member Spurr, seconded by Council
PROJECT:
Member Barnes, and carried by voice vote, with Council Member Parlet
absent, to award a construction contract to Team Ghilotti, Inc. for the
Giselman Street Overlay Project.
III. PARCEL MAP: The staff report was presented by Community Development Director
Ingram.
A motion was made by Council Member Barnes, seconded by Council
Member Turner, and carried by voice vote, with Council Member Parlet
absent, to adopt a resolution approving the D & R Lake Properties, LLC
Final Parcel Map located at 1930 South Main Street and 10 Queen Ann
Way.
IV. PUMP The staff report was presented by Public Works Director Grider.
REPLACEMENT:
Council Member Turner asked whether the 10% Local Preference had
been applied to Lake County Pump and Waters bid, as this would make
their bid the lowest.
Public Works Director Grider advised that the preference had not been
applied. He further requested to pull this item and bring it back to
Council after this vendor has been vetted, as this company is new to the
community.
V. ADJORNMENT: Mayor Mattina adjourned the meeting at 5:26 p.m.
____________________________________
City Council Special Meeting Minutes of August 8, 2017 Page 2
Attest:
___________________________
CITY OF LAKEPORT
Over 125 years of community
pride, progress and service

8/7/2017
Iherebycertifythattheattachedlistofwarrantshasbeenaudited,
extensionsareproper,purchaseordershavebeenissued,anddepartment
headshavebeengiventheopportunitytoreviewandsignclaimforms.

______________________________
NicholasWalker
FinanceDirector
225 PARK STREET LAKEPORT, CALIFORNIA 95453 TELEPHONE (707) 263-5615 FAX (707) 263-8584
Bank Transaction Report
Lakeport Transaction Detail
Issued Date Range: 06/24/2017 - 07/24/2017
Cleared Date Range: -
Issued Cleared
Date Date Number Description Module Status Type Amount
Bank Account: 15-0352000798 - POOLED CASH BANK
06/29/2017 51477 TOTAL SECURITY SOLUTIONS Accounts Payable Outstanding Check -17,016.16
06/29/2017 51486 LAKEPORT DISPOSAL, INC. Accounts Payable Outstanding Check -9,602.74
07/05/2017 51478 AFLAC Accounts Payable Outstanding Check -736.65
07/05/2017 51479 CA STATE DISBURSEMENT UNIT Accounts Payable Outstanding Check -693.67
07/05/2017 51480 JACQUELINE M. STOEBE Accounts Payable Outstanding Check -25.00
07/05/2017 51481 LAKEPORT EMPLOYEE'S ASSOC Accounts Payable Outstanding Check -315.00
07/05/2017 51482 LPOA Accounts Payable Outstanding Check -405.00
07/05/2017 51483 NATIONWIDE RETIREMENT SOLUTION Accounts Payable Outstanding Check -5,494.20
07/05/2017 51484 REDWOOD CREDIT UNION Accounts Payable Outstanding Check -150.00
07/05/2017 51485 VALIC - C/O JP MORGAN CHASE Accounts Payable Outstanding Check -2,236.50
07/05/2017 DFT0000492 CALPERS Accounts Payable Outstanding Bank Draft -1,741.12
07/05/2017 DFT0000500 CALPERS Accounts Payable Outstanding Bank Draft -44.00
07/05/2017 DFT0000502 IRS Accounts Payable Outstanding Bank Draft -3,422.34
07/05/2017 DFT0000503 CA EMP DEVELOPMENT DEPT Accounts Payable Outstanding Bank Draft -3,379.99
07/10/2017 51495 ABSL CONSTRUCTION Accounts Payable Outstanding Check -4,600.00
07/10/2017 51496 ACME RIGGING & SUPPLY COMPANY Accounts Payable Outstanding Check -2,030.46
07/10/2017 51497 ACTION SANITARY, INC. Accounts Payable Outstanding Check -1,192.59
07/10/2017 51498 ADVANCED COMMUNICATION SYSTEMS Accounts Payable Outstanding Check -2,782.75
07/10/2017 51499 ALL AMERICAN RENTALS Accounts Payable Outstanding Check -677.65
07/10/2017 51500 ALPHA ANALYTICAL LABORATORIES Accounts Payable Outstanding Check -753.00
07/10/2017 51501 ANDREW BRITTON Accounts Payable Outstanding Check -750.00
07/10/2017 51502 APEX TECHNOLOGY MGMT, INC. Accounts Payable Outstanding Check -1,663.75
07/10/2017 51503 AQUA PRODUCTS Accounts Payable Outstanding Check -54.38
07/10/2017 51504 ARAMARK UNIFORM SERVICES Accounts Payable Outstanding Check -19.71
7/24/2017 5:09:07 PM Page 1 of 7

Bank Transaction Report Issued Date Range: -
Issued Cleared
07/10/2017 51505 AT&T Accounts Payable Outstanding Check -70.00
07/10/2017 51506 BAILEY'S, INC. Accounts Payable Outstanding Check -53.84
07/10/2017 51507 CABELA'S INC Accounts Payable Outstanding Check -178.94
07/10/2017 51508 CALEBI Accounts Payable Outstanding Check -100.00
07/10/2017 51509 CALIF BACKGROUND INVESTIGATORS ASSOC Accounts Payable Outstanding Check -60.00
07/10/2017 51510 CALIF POLICE CHIEFS' ASSN. Accounts Payable Outstanding Check -331.00
07/10/2017 51511 CENTER FOR HEARING HEALTH, INC Accounts Payable Outstanding Check -674.00
07/10/2017 51512 CLEARLAKE LAVA, INC. Accounts Payable Outstanding Check -360.36
07/10/2017 51513 DAVIS TIRE & AUTO REPAIR Accounts Payable Outstanding Check -834.04
07/10/2017 51514 DEEP VALLEY SECURITY Accounts Payable Outstanding Check -102.95
07/10/2017 51515 EVERBRIDGE, INC. DBA NIXLE Accounts Payable Outstanding Check -4,120.00
07/10/2017 51516 FERRELLGAS Accounts Payable Outstanding Check -141.52
07/10/2017 51517 FLOWERS BY JACKIE Accounts Payable Outstanding Check -81.00
07/10/2017 51518 G & G PRINTING SERVICES Accounts Payable Outstanding Check -331.69
07/10/2017 51519 IMAGE SALES, INC. Accounts Payable Outstanding Check -20.56
07/10/2017 51520 IT'S ABOUT TIME, INC Accounts Payable Outstanding Check -58.51
07/10/2017 51521 JOE MEDICI Accounts Payable Outstanding Check -178.83
07/10/2017 51522 L. N. CURTIS & SONS Accounts Payable Outstanding Check -19.55
07/10/2017 51523 LAKE COUNTY ELECTRIC SUPPLY Accounts Payable Outstanding Check -140.70
07/10/2017 51524 MAIN STREET NURSERY Accounts Payable Outstanding Check -252.98
07/10/2017 51525 MEDIACOM Accounts Payable Outstanding Check -451.80
07/10/2017 51526 MEDWASTE CALIFORNIA, LLC Accounts Payable Outstanding Check -126.00
07/10/2017 51527 MENDO MILL & LUMBER CO. Accounts Payable Outstanding Check -2,214.39
07/10/2017 51528 NAPA AUTO - LAKE PARTS Accounts Payable Outstanding Check -690.50
07/10/2017 51529 NIXON-EGLI EQUIPMENT CO. Accounts Payable Outstanding Check -2,936.25
07/10/2017 51530 NORTHERN CALIFORNIA GLOVE Accounts Payable Outstanding Check -16.78
07/10/2017 51531 PACE SUPPLY #03391-00 Accounts Payable Outstanding Check -2,062.75
07/10/2017 51532 PAE NATIONAL SECURITY SOLUTIONS Accounts Payable Outstanding Check -1,095.00
07/10/2017 51533 PERFORMANCE MECHANICAL Accounts Payable Outstanding Check -658.00
07/10/2017 51534 PG&E VO248104 Accounts Payable Outstanding Check -12,900.50
07/10/2017 51535 PITNEY BOWES - SUPPLIES Accounts Payable Outstanding Check -199.63
07/10/2017 51536 PLAZA PAINT & SUPPLIES Accounts Payable Outstanding Check -119.86
07/10/2017 51537 POLESTAR COMPUTERS Accounts Payable Outstanding Check -1,885.00
07/10/2017 51538 RAINBOW AGRICULTURAL SERVICES Accounts Payable Outstanding Check -891.09
07/10/2017 51539 ROBERT KELLEY Accounts Payable Outstanding Check -254.81
07/10/2017 51540 ROGER WHEELER Accounts Payable Outstanding Check -250.00
07/10/2017 51541 S & K AUTOMOTIVE & TOWING Accounts Payable Outstanding Check -500.00
07/10/2017 51542 SIERRA CHEMICAL COMPANY Accounts Payable Outstanding Check -1,474.11
07/10/2017 51543 STANDARD PRINTING COMPANY Accounts Payable Outstanding Check -1,315.58
07/10/2017 51544 STAPLES CREDIT PLAN Accounts Payable Outstanding Check -654.40
07/10/2017 51545 SYSTEMS FOR PUBLIC SAFETY Accounts Payable Outstanding Check -163.00
07/10/2017 51546 THE SHOE BOX Accounts Payable Outstanding Check -199.01
07/10/2017 51547 THE WORKS INC/MLS - LSQ FUNDING GROUP Accounts Payable Outstanding Check -2,799.10
7/24/2017 5:09:07 PM Page 2 of 7

Issued Cleared
07/10/2017 51548 TRI-CITIES ANSWERING SERVICE Accounts Payable Outstanding Check -185.00
07/10/2017 51549 UMPQUA BANK Accounts Payable Outstanding Check -193,823.22
07/10/2017 51550 US POSTMASTER - ARIZONA Accounts Payable Outstanding Check -867.33
07/10/2017 51551 VERIZON WIRELESS Accounts Payable Outstanding Check -291.36
07/10/2017 51552 WILDA SHOCK Accounts Payable Outstanding Check -1,000.00
07/10/2017 51553 WYATT IRRIGATION SUPPLY INC Accounts Payable Outstanding Check -127.04
07/10/2017 51554 YOLO COUNTY FLOOD CONTROL Accounts Payable Outstanding Check -628.41
07/19/2017 51567 DEBRA ENGLAND Accounts Payable Outstanding Check -675.00
07/19/2017 51568 HARTFORD RETIREE PREMIUM ACCT Accounts Payable Outstanding Check -20,432.79
07/19/2017 51569 NFP NATIONAL ACCOUNT SERVICES Accounts Payable Outstanding Check -344.50
07/19/2017 51570 R.E.M.I.F. Accounts Payable Outstanding Check -136.00
07/20/2017 51556 AFLAC Accounts Payable Outstanding Check -736.65
07/20/2017 51557 AIRMED CARE NETWORK Accounts Payable Outstanding Check -238.32
07/20/2017 51558 CA STATE DISBURSEMENT UNIT Accounts Payable Outstanding Check -693.67
07/20/2017 51559 JACQUELINE M. STOEBE Accounts Payable Outstanding Check -25.00
07/20/2017 51560 LAKEPORT EMPLOYEE'S ASSOC Accounts Payable Outstanding Check -315.00
07/20/2017 51561 LEGALSHIELD Accounts Payable Outstanding Check -137.50
07/20/2017 51562 LPOA Accounts Payable Outstanding Check -405.00
07/20/2017 51563 NATIONWIDE RETIREMENT SOLUTION Accounts Payable Outstanding Check -975.00
07/20/2017 51564 REDWOOD CREDIT UNION Accounts Payable Outstanding Check -150.00
07/20/2017 51565 VALIC - C/O JP MORGAN CHASE Accounts Payable Outstanding Check -2,286.50
07/24/2017 51572 3M Accounts Payable Outstanding Check -10,377.89
07/24/2017 51573 ADAMS ASHBY GROUP, LLC. Accounts Payable Outstanding Check -4,485.00
07/24/2017 51574 ALPHA ANALYTICAL LABORATORIES Accounts Payable Outstanding Check -1,658.00
07/24/2017 51575 Void Check Accounts Payable Voided Check 0.00
07/24/2017 51576 ANDREW WELTER Accounts Payable Outstanding Check -251.00
07/24/2017 51577 APEX TECHNOLOGY MGMT, INC. Accounts Payable Outstanding Check -190.00
7/24/2017 5:09:07 PM Page 3 of 7

Issued Cleared
07/24/2017 51578 ARAMARK UNIFORM SERVICES Accounts Payable Outstanding Check -142.26
07/24/2017 51579 AT&T Accounts Payable Outstanding Check -320.88
07/24/2017 51580 AT&T Accounts Payable Outstanding Check -1,783.98
07/24/2017 51581 BAILEY'S, INC. Accounts Payable Outstanding Check -164.83
07/24/2017 51582 BIT SCULPTOR Accounts Payable Outstanding Check -150.00
07/24/2017 51583 BOARD OF EQUALIZATION Accounts Payable Outstanding Check -6,687.37
07/24/2017 51584 BRIAN DENTON Accounts Payable Outstanding Check -2,415.00
07/24/2017 51585 CABELA'S INC Accounts Payable Outstanding Check -140.94
07/24/2017 51586 CALPERS Accounts Payable Outstanding Check -238,589.76
07/24/2017 51587 CARLTON TIRE Accounts Payable Outstanding Check -39.83
07/24/2017 51588 CHRIS LEE EQUIPMENT REPAIR Accounts Payable Outstanding Check -2,061.14
07/24/2017 51589 CINQUINI & PASSARINO INC. Accounts Payable Outstanding Check -675.00
07/24/2017 51590 CLEARLAKE LAVA, INC. Accounts Payable Outstanding Check -360.36
07/24/2017 51591 CLEARLAKE REDI-MIX INC. Accounts Payable Outstanding Check -2,699.05
07/24/2017 51592 CODE PUBLISHING Accounts Payable Outstanding Check -263.45
07/24/2017 51593 COLANTUANO, HIGHSMITH & Accounts Payable Outstanding Check -6,563.90
07/24/2017 51594 COMMUNITY DEVELOPMENT SERVICES Accounts Payable Outstanding Check -875.00
07/24/2017 51595 COUNTY OF LAKE - INFO TECH Accounts Payable Outstanding Check -3,321.00
07/24/2017 51596 COUNTY OF LAKE-ANIMAL CONTROL Accounts Payable Outstanding Check -475.50
07/24/2017 51597 CURRY'S FURNITURE Accounts Payable Outstanding Check -1,954.80
07/24/2017 51598 DAVIS TIRE & AUTO REPAIR Accounts Payable Outstanding Check -294.14
07/24/2017 51599 DEEP VALLEY SECURITY Accounts Payable Outstanding Check -100.00
07/24/2017 51600 DESIGN WORKSHOP, INC. Accounts Payable Outstanding Check -15,870.00
07/24/2017 51601 DUNKEN PUMPS Accounts Payable Outstanding Check -15.71
07/24/2017 51602 E & M ELECTRIC INC. Accounts Payable Outstanding Check -6,763.50
07/24/2017 51603 ENTERPRISE RENT-A-CAR Accounts Payable Outstanding Check -118.45
07/24/2017 51604 EUREKA OXYGEN COMPANY Accounts Payable Outstanding Check -151.60
07/24/2017 51605 EVERBRIDGE, INC. DBA NIXLE Accounts Payable Outstanding Check -540.00
07/24/2017 51606 FERRELLGAS Accounts Payable Outstanding Check -118.40
07/24/2017 51607 FRANK HAAS Accounts Payable Outstanding Check -665.00
07/24/2017 51608 G & G PRINTING SERVICES Accounts Payable Outstanding Check -71.78
07/24/2017 51609 GARAVAGLIA ARCHITECTURE, INC. Accounts Payable Outstanding Check -9,620.00
07/24/2017 51610 GRAINGER Accounts Payable Outstanding Check -187.72
07/24/2017 51611 GRANITE CONSTRUCTION COMPANY Accounts Payable Outstanding Check -35,638.75
07/24/2017 51612 GREEN RIGHT O'WAY CONSTRUCTORS, INC. Accounts Payable Outstanding Check -217,740.00
07/24/2017 51613 HACH CHEMICAL COMPANY Accounts Payable Outstanding Check -5,550.94
07/24/2017 51614 HAZARD MANAGEMENT SERVICES INC Accounts Payable Outstanding Check -1,835.00
07/24/2017 51615 HUMBERTO'S ROOFING Accounts Payable Outstanding Check -255.75
07/24/2017 51616 ICE WATER DISTRIBUTORS INC. Accounts Payable Outstanding Check -33.95
07/24/2017 51617 IT'S ABOUT TIME, INC Accounts Payable Outstanding Check -501.16
07/24/2017 51618 JAMES DAY CONSTRUCTION, INC. Accounts Payable Outstanding Check -246.00
07/24/2017 51619 JOE MEDICI Accounts Payable Outstanding Check -251.00
07/24/2017 51620 JOE SANCHEZ CONSTRUCTION, INC. Accounts Payable Outstanding Check -2,500.00
7/24/2017 5:09:07 PM Page 4 of 7

Issued Cleared
07/24/2017 51621 L. N. CURTIS & SONS Accounts Payable Outstanding Check -347.14
07/24/2017 51622 LAKE COUNTY ELECTRIC SUPPLY Accounts Payable Outstanding Check -89.79
07/24/2017 51623 LAKE COUNTY LOCK & SAFE Accounts Payable Outstanding Check -408.57
07/24/2017 51624 LAKE COUNTY RECORD BEE Accounts Payable Outstanding Check -1,500.72
07/24/2017 51625 LCCWA Accounts Payable Outstanding Check -175.00
07/24/2017 51626 LEXIS NEXIS RISK SOLUTIONS Accounts Payable Outstanding Check -31.00
07/24/2017 51627 MAIN STREET NURSERY Accounts Payable Outstanding Check -84.79
07/24/2017 51628 MEDIACOM Accounts Payable Outstanding Check -1,034.00
07/24/2017 51629 MENDO MILL & LUMBER CO. Accounts Payable Outstanding Check -947.08
07/24/2017 51630 MYERS STEVENS & TOOHEY & CO. Accounts Payable Outstanding Check -248.60
07/24/2017 51631 NAPA AUTO - LAKE PARTS Accounts Payable Outstanding Check -7.06
07/24/2017 51632 NATHAN DEHART Accounts Payable Outstanding Check -550.00
07/24/2017 51633 NEARY LANDSCAPE, INC. Accounts Payable Outstanding Check -18,525.00
07/24/2017 51634 NIXON-EGLI EQUIPMENT CO. Accounts Payable Outstanding Check -5,054.55
07/24/2017 51635 OE PUBLIC & MISC EE'S Accounts Payable Outstanding Check -12,750.00
07/24/2017 51636 PACE SUPPLY #03391-00 Accounts Payable Outstanding Check -3,186.87
07/24/2017 51637 PAMELA SAMAC Accounts Payable Outstanding Check -600.16
07/24/2017 51638 PAUL R. CURREN Accounts Payable Outstanding Check -7,025.00
07/24/2017 51639 PEOPLE SERVICES, INC. Accounts Payable Outstanding Check -345.00
07/24/2017 51640 PERFORMANCE MECHANICAL Accounts Payable Outstanding Check -315.00
07/24/2017 51641 PERKINS SEPTIC TANK CLEANING Accounts Payable Outstanding Check -407.82
07/24/2017 51642 PG&E VO248104 Accounts Payable Outstanding Check -42,432.20
07/24/2017 51643 PITNEY BOWES - SUPPLIES Accounts Payable Outstanding Check -133.09
07/24/2017 51644 PITNEY BOWES PURCHASE POWER Accounts Payable Outstanding Check -575.72
07/24/2017 51645 POLESTAR COMPUTERS Accounts Payable Outstanding Check -5,387.92
07/24/2017 51646 PRENTICE, LONG & EPPERSON Accounts Payable Outstanding Check -1,897.50
07/24/2017 51647 PRYOR LEARNING SOLUTIONS Accounts Payable Outstanding Check -299.00
07/24/2017 51648 R.E.M.I.F. Accounts Payable Outstanding Check -34,973.00
07/24/2017 51649 R.E.M.I.F. Accounts Payable Outstanding Check -48,920.60
07/24/2017 51650 R.E.M.I.F. Accounts Payable Outstanding Check -130.56
07/24/2017 51651 RAINBOW AGRICULTURAL SERVICES Accounts Payable Outstanding Check -98.56
07/24/2017 51652 RB PEST CONTROL Accounts Payable Outstanding Check -275.00
07/24/2017 51653 RICH-TED TRUCKING, INC. Accounts Payable Outstanding Check -1,980.00
07/24/2017 51654 RICOH USA, INC. Accounts Payable Outstanding Check -51.00
07/24/2017 51655 RICOH, USA Accounts Payable Outstanding Check -1,226.95
07/24/2017 51656 RODEWAY INN & SUITES SKYLARK SHORES RESORT Accounts Payable Outstanding Check -99.00
07/24/2017 51657 SHRED-IT USA LLC Accounts Payable Outstanding Check -52.61
07/24/2017 51658 STAPLES ADVANTAGE Accounts Payable Outstanding Check -61.56
07/24/2017 51659 SUTTER LAKESIDE HOSPITAL Accounts Payable Outstanding Check -50.00
07/24/2017 51660 T & T VALVE AND INSTRUMENT, INC. Accounts Payable Outstanding Check -124.00
07/24/2017 51661 THE SHOE BOX Accounts Payable Outstanding Check -395.75
07/24/2017 51662 THE WORKS INC/MLS - LSQ FUNDING GROUP Accounts Payable Outstanding Check -8,309.48
07/24/2017 51663 TYLER TECHNOLOGIES, INC. Accounts Payable Outstanding Check -1,550.50
7/24/2017 5:09:07 PM Page 5 of 7

Issued Cleared
07/24/2017 51664 U.S. BANK Accounts Payable Outstanding Check -9,725.38
07/24/2017 51665 UNION BANK Accounts Payable Outstanding Check -1,419.79
07/24/2017 51666 USA BLUE BOOK Accounts Payable Outstanding Check -1,463.58
07/24/2017 51667 VALLEY TOXICOLOGY SERVICES INC Accounts Payable Outstanding Check -595.00
07/24/2017 51668 VANDERWALL ENGINEERING, INC. Accounts Payable Outstanding Check -2,626.00
07/24/2017 51669 VERIZON WIRELESS Accounts Payable Outstanding Check -886.24
07/24/2017 51670 VERTICAL QUEST CONSULTING Accounts Payable Outstanding Check -750.00
07/24/2017 51671 WESTGATE PETROLEUM CO., INC. Accounts Payable Outstanding Check -2,332.91
07/24/2017 51672 WILLDAN FINANCIAL SERVICES Accounts Payable Outstanding Check -1,880.88
07/24/2017 51673 WIPF CONSTRUCTION Accounts Payable Outstanding Check -660.00
Bank Account 15-0352000798 Total: (218) -1,273,383.86
Report Total: (218) -1,273,383.86
7/24/2017 5:09:07 PM Page 6 of 7

Summary
Bank Account Count Amount
15-0352000798 POOLED CASH BANK 218 -1,273,383.86
Report Total: 218 -1,273,383.86
Cash Account Count Amount

**No Cash Account** 1 0.00
998 998-0000-101000 POOLED CASH - WEST AMERICA 217 -1,273,383.86
Report Total: 218 -1,273,383.86
Transaction Type Count Amount

Bank Draft 30 -78,579.91
Check 188 -1,194,803.95
Report Total: 218 -1,273,383.86
7/24/2017 5:09:07 PM Page 7 of 7

From: Jason D. Ferguson
To: Hilary Britton
Subject: Re: Application 2017-028 - Recovery Happens Outreach Event
Date: Monday, July 24, 2017 10:43:21 AM
Attachments: image002.png
No police concerns
Jason Ferguson
Lieutenant
Lakeport Police Department
2025 S. Main St.
Lakeport, Ca. 95453
Office (707) 263-9654
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: Monday, July 24, 2017 10:40 AM
To: Amanda Frazell (Dean.Eichelmann@lakecountyca.gov),
Cheryl Bennett (cheryl.bennett@lakecountyca.gov), 'Cynthia Ader', 'Daniel Chance',
'Doug Grider', 'Executive Management', 'Jason Ferguson', 'Jim Kennedy', 'Joe Eastham',
'Linda Sobieraj', Lori Price (lorip@co.lake.ca.us),
Mark Wall (mwaconsulting@comcast.net), 'Matt Hartzog', 'Mike Sobieraj',
Pheakdey Preciado (pheakdey.preciado@lakecountyca.gov), 'Rebekah Dolby', 'Ron Ladd',
Sheriff's Dept (records@lakecountyca.gov),
Tina Rubin (Tina.Rubin@lakecountyca.gov)
Subject: Application 2017-028 - Recovery Happens Outreach Event
Please find attached application 2017-028 for the Recovery Happens outreach event, for your
review.

We would like to submit this application for City Council approval at the 08/15/2017 Lakeport City
Council meeting, so please have your comments back to me by 08/08/2017.

Thank you for your input.

Hilary Britton
Deputy City Clerk
City of Lakeport
225 Park Street
Lakeport, CA 95453
(707) 263-5615 x12
hbritton@cityoflakeport.com

DRAFT MINUTES
MEASURE Z ADVISORY COMMITTEE
REGULAR MEETING
JULY 31, 2017
1. CALL TO ORDER Chair Hopkins opened the meeting at 5:30 p.m. with Committee
members King, Speed, Rollins and Chair Hopkins present.
Committee member Wynacht was absent.
2. APPROVAL OF MINUTES Committee member Rollins made a motion, seconded by Committee

member King and unanimously carried by voice vote to approve the
minutes of the May 24, 2017 meeting, with Committee member
Wynacht absent.
3. CITIZEN INPUT There was no input offered from the public.
4. DISCUSSION/ACTION ITEMS
A. Brown Act Overview Secretary Buendia gave an overview on the Ralph M. Brown Act as it
relates to the Measure Z Advisory Committee
B. Government Budgeting 101 Finance Director Walker gave an introductory instruction on

government budgeting and reviewed highlights of the City of
Lakeport approved 2017-2018 budget.
C. 2017/2018 Calendar The committee reviewed 2017/2018 calendar of meetings and

agreed to meet October 23, 2017; January 22, 2018; and April 16,
2018, with meetings to take place at 5:30 p.m.
5. ADJOURN The meeting adjourned at 6:50 p.m.
_________________________
Kelly Buendia, Secretary
CITIZEN MEMBERS: Annette Hopkins, Susan King, Dennis Rollins, Nathan Speed, Tim Wynacht
STAFF MEMBERS: Margaret Silveira; City Manager; Nick Walker, Finance Director; Kelly Buendia, City Clerk/Secretary
CITY OF LAKEPORT
City Council
City of Lakeport Municipal Sewer District
Lakeport Redevelopment Successor Agency
Lakeport Industrial Development Agency
Municipal Financing Agency of Lakeport
STAFF REPORT
RE: Professional Services Agreement with Polestar Computers, IT MEETING DATE: 7/18/17
Support Services
SUBMITTED BY: Nicholas Walker, Finance Director
PURPOSE OF REPORT: Information only Discussion Action Item
WHAT IS BEING ASKED OF THE CITY COUNCIL/BOARD:

The City Council is asked to approve and authorize the City Manager to sign a professional services agreement
(PSA) with Polestar Computers of Kelseyville for the provision of IT support services.
BACKGROUND/DISCUSSION:
The City has utilized Polestar Computers for its IT support services for several years and has come to rely on
their expertise and technical ability to appropriately maintain, enhance, and troubleshoot its proprietary
network, including the Citys use of Microsoft Exchange.
The City has been utilizing Polestar without a PSA since July, effectively continuing the former agreement. Staff
requests the City Council renew the Citys arrangement with Polestar, retroactive to July 1, 2017, using the most
recent PSA boilerplate from the City Attorney.
The contract provides for six hours weekly of general IT services during normal business hours but gives
flexibility to meet unexpected issues requiring additional regular time or time beyond normal hours.
OPTIONS:
1. Approve and authorize the City Manager to sign the attached PSA with Polestar Computers.
2. Do not approve but provide directions to staff.
FISCAL IMPACT:
None not to exceed $27,000.00 Budgeted Item? Yes No
Budget Adjustment Needed? Yes No If yes, amount of appropriation increase: $
Affected fund(s): General Fund Water OM Fund Sewer OM Fund Other:
Comments: The contract is based on hours worked not to exceed eight hours per week at the negotiated rate of
$65 per hour for regular services and $85 per hour for irregular hours. Services shall not exceed $27,000.00 in
any twelve month period without prior notification by the City and approval of Council.
SUGGESTED MOTIONS:
Move to approve and authorize the City Manager to execute the attached professional services agreement with
Polestar Computers for the provision of IT support services.
Meeting Date: 08/15/2017 Page 1 Agenda Item #IV.F.

Attachments: PSA with Polestar Computers, 2017
Meeting Date: 08/15/2017 Page 2 Agenda Item #IV.F.

ATTACHMENT 1
PROFESSIONAL SERVICES AGREEMENT

(City of Lakeport / Polestar Computers)
1. IDENTIFICATION
THIS PROFESSIONAL SERVICES AGREEMENT (Agreement) is entered into by and

between the City of Lakeport a California municipal corporation (City) and Polestar Computers,
a California corporation (Consultant).
2. RECITALS
2.1 City has determined that it requires the following professional services from a
consultant: information technology services.
2.2 Consultant represents that it is fully qualified to perform such professional services
by virtue of its experience and the training, education and expertise of its principals
and employees. Consultant further represents that it is willing to accept
responsibility for performing such services in accordance with the terms and
conditions set forth in this Agreement.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein
contained, City and Consultant agree as follows:
3. DEFINITIONS
3.1 Scope of Services: Such professional services as are set forth in attached Exhibit
A and incorporated herein by this reference.
3.2 Approved Fee Schedule: Such compensation rates as are set forth in attached
Exhibit B and incorporated herein by this reference.
3.3 Commencement Date: July 1, 2017.
3.4 Expiration Date: June 30, 2018.
4. TERM
The term of this Agreement shall commence at 12:00 a.m. on the Commencement Date
and shall continue in perpetuity unless terminated earlier in accordance with Section 18
(Termination) below.
5. CONSULTANTS SERVICES
5.1 Consultant shall perform the services identified in the Scope of Services. City shall
have the right to request, in writing, changes in the Scope of Services. Any such
Page 1 of 15
APPROVED FOR USE 7/27/2015
119878.4
ATTACHMENT 1
changes mutually agreed upon by the parties, and any corresponding increase or
decrease in compensation, shall be incorporated by written amendment to this
Agreement. In no event shall the total compensation and costs payable to
Consultant under this Agreement exceed the sum of $27,000.00 unless specifically
approved in advance and in writing by City.
5.2 Consultant shall obtain a City business license prior to commencing performance
under this Agreement.
5.3 Consultant shall perform all work to the highest professional standards of
Consultants profession and in a manner reasonably satisfactory to City. Consultant
shall keep itself fully informed of and in compliance with all local, state, and federal
laws, rules, and regulations in any manner affecting the performance of the
Agreement, including all Cal/OSHA requirements, the conflict of interest
provisions of Government Code Section 1090, and the Political Reform Act
(Government Code Section 81000 et seq.).
5.4 During the term of this Agreement, Consultant shall not perform any work for
another person or entity for whom Consultant was not working at the
Commencement Date if both (i) such work would require Consultant to abstain
from a decision under this Agreement pursuant to a conflict of interest statute and
(ii) City has not consented in writing to Consultants performance of such work.
5.5 Consultant represents that it has, or will secure at its own expense, all personnel
required to perform the services identified in the Scope of Services. All such
services shall be performed by Consultant or under its supervision, and all
personnel engaged in the work shall be qualified to perform such services. Trena
Pauly shall be Consultants project administrator and shall have direct
responsibility for management of Consultants performance under this Agreement.
No change shall be made in Consultants project administrator without Citys prior
written consent.
5.6 Consultant has represented to the City that key personnel will perform and
coordinate the services under this Agreement. Should one or more of such
personnel become unavailable, Consultant may substitute other personnel of at least
equal competence upon written approval of City. If City and Consultant cannot
agree as to the substitution of key personnel, City may terminate this Agreement
for cause.
5.7 Consultant shall not be reimbursed for any expenses unless provided for in this
Agreement or authorized in writing by City in advance.
Page 2 of 15
119878.4
ATTACHMENT 1
6. COMPENSATION
6.1 City agrees to compensate Consultant for the services provided under this
Agreement, and Consultant agrees to accept in full satisfaction for such services,
payment in accordance with the Approved Fee Schedule.
6.2 Consultant shall submit to City an invoice, on a monthly basis or less frequently,
for the services performed pursuant to this Agreement. Each invoice shall itemize
the services rendered during the billing period and the amount due. City shall not
withhold applicable taxes or other authorized deductions from payments made to
Consultant.
6.3 Payments for any services requested by City and not included in the Scope of
Services shall be made to Consultant by City on a time-and-materials basis using
Consultants standard fee schedule. Consultant shall be entitled to increase the fees
in this fee schedule at such time as it increases its fees for its clients generally;
provided, however, in no event shall Consultant be entitled to increase fees for
services rendered before the thirtieth day after Consultant notifies City in writing
of an increase in that fee schedule.
7. PREVAILING WAGES
Consultant is aware of the requirements of California Labor Code Section 1720, et seq.,
and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq.,
(Prevailing Wage Laws), which require the payment of prevailing wage rates and the
performance of other requirements on certain public works and maintenance projects.
Consultant shall defend, indemnify, and hold the City, its elected officials, officers, employees,
and agents free and harmless from any claim or liability arising out of any failure or alleged failure
of Consultant to comply with the Prevailing Wage Laws.
8. OWNERSHIP OF WRITTEN PRODUCTS
All reports, documents or other written material (written products herein) developed by
Consultant in the performance of this Agreement shall be and remain the property of City without
restriction or limitation upon its use or dissemination by City. Consultant may take and retain
copies of such written products as desired, but no such written products shall be the subject of a
copyright application by Consultant.
9. RELATIONSHIP OF PARTIES
Consultant is, and shall at all times remain as to City, a wholly independent contractor.
Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or
otherwise to act on behalf of City as an agent. Neither City nor any of its agents shall have control
over the conduct of Consultant or any of Consultants employees, except as set forth in this
Agreement. Consultant shall not represent that it is, or that any of its agents or employees are, in
any manner employees of City.
Page 3 of 15
119878.4
ATTACHMENT 1
Under no circumstances shall Consultant look to the City as his employer. Consultant shall
not be entitled to any benefits. City makes no representation as to the effect of this independent
contractor relationship on Consultants previously earned PERS retirement benefits, and
Consultant specifically assumes the responsibility for making such a determination. Consultant
shall be responsible for all reports and obligations including, but not limited to: social security
taxes, income tax withholding, unemployment insurance, disability insurance, and workers
compensation.
10. CONFIDENTIALITY
All data, documents, discussion, or other information developed or received by Consultant

or provided for performance of this Agreement are deemed confidential and shall not be disclosed
by Consultant without prior written consent by City. City shall grant such consent if disclosure is
legally required. Upon request, all City data shall be returned to City upon the termination or
expiration of this Agreement.
11. INDEMNIFICATION
11.1 The parties agree that City, its officers, agents, employees and volunteers should,
to the fullest extent permitted by law, be protected from any and all loss, injury,
damage, claim, lawsuit, cost, expense, attorneys fees, litigation costs, taxes, or any
other cost arising out of or in any way related to the performance of this Agreement.
Accordingly, the provisions of this indemnity provision are intended by the parties
to be interpreted and construed to provide the City with the fullest protection
possible under the law. Consultant acknowledges that City would not enter into
this Agreement in the absence of Consultants commitment to indemnify and
protect City as set forth herein.
11.2 To the fullest extent permitted by law, Consultant shall indemnify, hold harmless,
and when the City requests with respect to a claim provide a deposit for the defense
of, and defend City, its officers, agents, employees and volunteers from and against
any and all claims and losses, costs or expenses for any damage due to death or
injury to any person, whether physical, emotional, consequential or otherwise, and
injury to any property arising out of or in connection with Consultants alleged
negligence, recklessness or willful misconduct or other wrongful acts, errors or
omissions of Consultant or any of its officers, employees, servants, agents, or
subcontractors, or anyone directly or indirectly employed by either Consultant or
its subcontractors, in the performance of this Agreement or its failure to comply
with any of its obligations contained in this Agreement, except such loss or damage
as is caused by the sole active negligence or willful misconduct of the City. Such
costs and expenses shall include reasonable attorneys fees due to counsel of Citys
choice, expert fees and all other costs and fees of litigation.
11.3 City shall have the right to offset against any compensation due Consultant under
this Agreement any amount due City from Consultant as a result of Consultants
Page 4 of 15
119878.4
ATTACHMENT 1
failure to pay City promptly any indemnification arising under this Section 11 and
any amount due City from Consultant arising from Consultants failure either to (i)
pay taxes on amounts received pursuant to this Agreement or (ii) comply with
applicable workers compensation laws.
11.4 The obligations of Consultant under this Section 11 are not limited by the
provisions of any workers compensation act or similar act. Consultant expressly
waives its statutory immunity under such statutes or laws as to City, its officers,
agents, employees and volunteers.
11.5 Consultant agrees to obtain executed indemnity agreements with provisions

identical to those set forth here in this Section 11 from each and every subcontractor
or any other person or entity involved by, for, with or on behalf of Consultant in
the performance of this Agreement. If Consultant fails to obtain such indemnity
obligations from others as required herein, Consultant agrees to be fully responsible
and indemnify, hold harmless and defend City, its officers, agents, employees and
volunteers from and against any and all claims and losses, costs or expenses for any
damage due to death or injury to any person and injury to any property resulting
from any alleged intentional, reckless, negligent, or otherwise wrongful acts, errors
or omissions of Consultants subcontractors or any other person or entity involved
by, for, with or on behalf of Consultant in the performance of this Agreement. Such
costs and expenses shall include reasonable attorneys fees incurred by counsel of
Citys choice.
11.6 City does not, and shall not, waive any rights that it may possess against Consultant
because of the acceptance by City, or the deposit with City, of any insurance policy
or certificate required pursuant to this Agreement. This hold harmless and
indemnification provision shall apply regardless of whether or not any insurance
policies are determined to be applicable to the claim, demand, damage, liability,
loss, cost or expense.
12. INSURANCE
12.1 During the term of this Agreement, Consultant shall carry, maintain, and keep in
full force and effect insurance against claims for death or injuries to persons or
damages to property that may arise from or in connection with Consultants
performance of this Agreement.
12.2 Any available insurance proceeds broader than or in excess of the specified
minimum Insurance coverage requirements or limits shall be available to the
Additional Insured. Furthermore, the requirements for coverage and limits shall be
the greater of (1) the minimum coverage and limits specified in this Agreement, or
(2) the broader coverage and maximum limits of coverage of any Insurance policy
or proceeds available to the named Insured.
Page 5 of 15
119878.4
ATTACHMENT 1
12.3 Insurance required under this Agreement shall be of the types set forth below, with
minimum coverage as described:
12.1.1 Comprehensive General Liability Insurance with coverage limits of not less
than One Million Dollars ($1,000,000) including products and operations
hazard, contractual insurance, broad form property damage, independent
consultants, personal injury, underground hazard, and explosion and
collapse hazard where applicable.
12.1.2 Automobile Liability Insurance for vehicles used in connection with the
performance of this Agreement with minimum limits of One Million
Dollars ($1,000,000) per claimant and One Million dollars ($1,000,000) per
incident.
12.1.3 Workers Compensation insurance as required by the laws of the State of

California.
12.1.4 Professional Errors and Omissions Insurance with coverage limits of not
less than One Million Dollars ($1,000,000).
12.2 Consultant shall require each of its subcontractors to maintain insurance coverage
that meets all of the requirements of this Agreement.
12.3 The policy or policies required by this Agreement shall be issued by an insurer
admitted in the State of California and with a rating of at least A:VII in the latest
edition of Bests Insurance Guide.
12.4 Consultant agrees that if it does not keep the aforesaid insurance in full force and
effect, City may either (i) immediately terminate this Agreement; or (ii) take out
the necessary insurance and pay the premium thereon at Consultants expense.
12.5 At all times during the term of this Agreement, Consultant shall maintain on file
with Citys Risk Manager a certificate or certificates of insurance showing that the
aforesaid policies are in effect in the required amounts and naming the City and its
officers, employees, agents and volunteers as additional insureds. Consultant
shall, prior to commencement of work under this Agreement, file with Citys Risk
Manager such certificate(s).
12.6 Consultant shall provide proof that policies of insurance required herein expiring
during the term of this Agreement have been renewed or replaced with other
policies providing at least the same coverage. Such proof will be furnished at least
two weeks prior to the expiration of the coverages.
12.7 The general liability and automobile policies of insurance required by this
Agreement shall contain an endorsement naming City and its officers, employees,
agents and volunteers as additional insureds. All of the policies required under this
Page 6 of 15
119878.4
ATTACHMENT 1
Agreement shall contain an endorsement providing that the policies cannot be

canceled or reduced except on thirty days prior written notice to City. Consultant
agrees to require its insurer to modify the certificates of insurance to delete any
exculpatory wording stating that failure of the insurer to mail written notice of
cancellation imposes no obligation, and to delete the word endeavor with regard
to any notice provisions.
12.8 The insurance provided by Consultant shall be primary to any coverage available
to City. Any insurance or self-insurance maintained by City and/or its officers,
employees, agents or volunteers, shall be in excess of Consultants insurance and
shall not contribute with it.
12.9 All insurance coverage provided pursuant to this Agreement shall not prohibit
Consultant, and Consultants employees, agents or subcontractors, from waiving
the right of subrogation prior to a loss. Consultant hereby waives all rights of
subrogation against the City.
12.10 Any deductibles or self-insured retentions must be declared to and approved by the
City. At the option of City, Consultant shall either reduce or eliminate the
deductibles or self-insured retentions with respect to City, or Consultant shall
procure a bond in the amount of the deductible or self-insured retention to guarantee
payment of losses and expenses.
12.11 Procurement of insurance by Consultant shall not be construed as a limitation of

Consultants liability or as full performance of Consultants duties to indemnify,
hold harmless and defend under Section 11 of this Agreement.
12.12 Consultant shall report to the City, in addition to the Consultants insurer, any and
all insurance claims submitted to Consultant's insurer in connection with the
services under the Agreement.
12.13 Consultant may be self-insured under the terms of this Agreement only with express
written approval from the City.
12.13.1 All self-insured retentions (SIR) must be disclosed to the City for approval
and shall not reduce the limits of liability.
12.13.2 Policies containing any SIR provision shall provide or be endorsed to

provide that the SIR may be satisfied by either the named Insured or the
City.
12.14 City reserves the right to obtain a full certified copy of any Insurance policy and
endorsements. Failure to exercise this right shall not constitute a waiver of the right
to exercise later.
Page 7 of 15
119878.4
ATTACHMENT 1
13. MUTUAL COOPERATION
13.1 City shall provide Consultant with all pertinent data, documents and other requested
information as is reasonably available for the proper performance of Consultants
services under this Agreement.
13.2 If any claim or action is brought against City relating to Consultants performance
in connection with this Agreement, Consultant shall render any reasonable
assistance that City may require in the defense of that claim or action.
14. RECORDS AND INSPECTIONS
Consultant shall maintain full and accurate records with respect to all matters covered
under this Agreement for a period of three years after the expiration or termination of this
Agreement. City shall have the right to access and examine such records, without charge, during
normal business hours. City shall further have the right to audit such records, to make transcripts
therefrom and to inspect all program data, documents, proceedings, and activities.
15. PERMITS AND APPROVALS
Consultant shall obtain, at its sole cost and expense, all permits and regulatory approvals
necessary for Consultants performance of this Agreement. This includes, but shall not be limited
to, professional licenses, encroachment permits and building and safety permits and inspections.
16. NOTICES
Any notices, bills, invoices, or reports required by this Agreement shall be deemed received
on: (i) the day of delivery if delivered by hand, facsimile or overnight courier service during
Consultants and Citys regular business hours; or (ii) on the third business day following deposit
in the United States mail if delivered by mail, postage prepaid, to the addresses listed below (or to
such other addresses as the parties may, from time to time, designate in writing).
If to City: If to Consultant:
City of Lakeport Trena Pauly

225 Park St. 3930 Main Street
Lakeport CA 95453 Kelseyville, CA 95451
Telephone: (707) 263-5615 x___ Telephone: (707) 279-1228
Facsimile: (707) 263-8584
With courtesy copy to:
David J. Ruderman, Esq.

City Attorney
Colantuono, Highsmith & Whatley, P.C.
Page 8 of 15
119878.4
ATTACHMENT 1
420 Sierra College Drive, Suite 140

Grass Valley, CA 95945
Telephone: (530) 432-7357
Facsimile: (530) 432-7356
17. SURVIVING COVENANTS
The parties agree that the covenants contained in Section 10, Section 11, Paragraph 13.2
and Section 14 of this Agreement shall survive the expiration or termination of this Agreement.
18. TERMINATION
18.1 City may terminate this Agreement for any reason on five calendar days written
notice to Consultant. Consultant may terminate this Agreement for any reason on
thirty calendar days written notice to City. Consultant agrees to cease all work
under this Agreement on or before the effective date of any notice of termination.
All City data, documents, objects, materials or other tangible things shall be
returned to City upon the termination or expiration of this Agreement.
18.2 If City terminates this Agreement due to no fault or failure of performance by

Consultant, then Consultant shall be paid based on the work satisfactorily
performed at the time of termination. In no event shall Consultant be entitled to
receive more than the amount that would be paid to Consultant for the full
performance of the services required by this Agreement.
Page 9 of 15
119878.4
ATTACHMENT 1
19. GENERAL PROVISIONS
19.1 Consultant maintains and warrants that it has not employed nor retained any
company or person, other than a bona fide employee working solely for Consultant,
to solicit or secure this Agreement. Further, Consultant warrants that it has not paid
nor has it agreed to pay any company or person, other than a bona fide employee
working solely for Consultant, any fee, commission, percentage, brokerage fee, gift
or other consideration contingent upon or resulting from the award or making of
this Agreement. Consultant further agrees to file, or shall cause its employees or
subcontractor to file, a Statement of Economic Interest with the Citys Filing
Officer if required under state law in the performance of the services. For breach
or violation of this warranty, City shall have the right to rescind this Agreement
without liability. For the term of this Agreement, no member, officer, or employee
of City, during the term of his or her service with City, shall have any direct interest
in this Agreement, or obtain any present or anticipated material benefit arising
therefrom.
19.2 Consultant shall not delegate, transfer, subcontract or assign its duties or rights
hereunder, either in whole or in part, without Citys prior written consent, and any
attempt to do so shall be void and of no effect. City shall not be obligated or liable
under this Agreement to any party other than Consultant.
19.3 This Agreement shall be binding on the successors and assigns of the parties.
19.4 Except as expressly stated herein, there is no intended third party beneficiary of any
right or obligation assumed by the parties.
19.5 Time is of the essence for each and every provision of this Agreement.
19.6 In the performance of this Agreement, Consultant shall not discriminate against any
employee, subcontractor, or applicant for employment because of race, color, creed,
religion, sex, marital status, sexual orientation, national origin, ancestry, age,
physical or mental disability, medical condition or any other unlawful basis.
19.7 The captions appearing at the commencement of the sections hereof, and in any
paragraph thereof, are descriptive only and for convenience in reference to this
Agreement. Should there be any conflict between such heading, and the section or
paragraph thereof at the head of which it appears, the section or paragraph thereof,
as the case may be, and not such heading, shall control and govern in the
construction of this Agreement. Masculine or feminine pronouns shall be
substituted for the neuter form and vice versa, and the plural shall be substituted for
the singular form and vice versa, in any place or places herein in which the context
requires such substitution(s).
19.8 The waiver by City or Consultant of any breach of any term, covenant or condition
herein contained shall not be deemed to be a waiver of such term, covenant or
Page 10 of 15
119878.4
ATTACHMENT 1
condition or of any subsequent breach of the same or any other term, covenant or
condition herein contained. No term, covenant or condition of this Agreement shall
be deemed to have been waived by City or Consultant unless in writing signed by
one authorized to bind the party asserted to have consented to the waiver.
19.9 Consultant shall not be liable for any failure to perform if Consultant presents
acceptable evidence, in Citys sole judgment, that such failure was due to causes
beyond the control and without the fault or negligence of Consultant.
19.10 Each right, power and remedy provided for herein or now or hereafter existing at
law, in equity, by statute, or otherwise shall be cumulative and shall be in addition
to every other right, power, or remedy provided for herein or now or hereafter
existing at law, in equity, by statute, or otherwise. The exercise, the
commencement of the exercise, or the forbearance of the exercise by any party of
any one or more of such rights, powers or remedies shall not preclude the
simultaneous or later exercise by such party of any of all of such other rights,
powers or remedies. If legal action shall be necessary to enforce any term, covenant
or condition herein contained, the party prevailing in such action, whether reduced
to judgment or not, shall be entitled to its reasonable court costs, including
accountants fees, if any, and attorneys fees expended in such action. The venue
for any litigation shall be Lake County, California and Consultant hereby consents
to jurisdiction in Lake County for purposes of resolving any dispute or enforcing
any obligation arising under this Agreement.
19.11 If any term or provision of this Agreement or the application thereof to any person
or circumstance shall, to any extent, be invalid or unenforceable, then such term or
provision shall be amended to, and solely to, the extent necessary to cure such
invalidity or unenforceability, and in its amended form shall be enforceable. In
such event, the remainder of this Agreement, or the application of such term or
provision to persons or circumstances other than those as to which it is held invalid
or unenforceable, shall not be affected thereby, and each term and provision of this
Agreement shall be valid and be enforced to the fullest extent permitted by law.
19.12 This Agreement shall be governed and construed in accordance with the laws of the
State of California.
19.13 All documents referenced as exhibits in this Agreement are hereby incorporated
into this Agreement. In the event of any material discrepancy between the express
provisions of this Agreement and the provisions of any document incorporated
herein by reference, the provisions of this Agreement shall prevail. This instrument
contains the entire Agreement between City and Consultant with respect to the
transactions contemplated herein. No other prior oral or written agreements are
binding upon the parties. Amendments hereto or deviations herefrom shall be
effective and binding only if made in writing and executed by City and Consultant.
Page 11 of 15
119878.4
ATTACHMENT 1
19.14 Consultant shall maintain any and all ledgers, books of account, invoices, vouchers,
canceled checks, and other records or documents evidencing or relating to charges
for services or expenditures and disbursements charged to City under this
Agreement for a minimum of three (3) years, or for any longer period required by
law, from the date of final payment to Consultant under this Agreement. All such
documents shall be made available for inspection, audit, and/or copying at any time
during regular business hours, upon oral or written request of City. In addition,
pursuant to Government Code Section 8546.7, if the amount of public funds
expended under this Agreement exceeds ten thousand dollars, all such documents
and this Agreement shall be subject to the examination and audit of the State
Auditor, at the request of City or as part of any audit of City, for a period of three
(3) years after final payment under the Agreement.
Page 12 of 15
119878.4
ATTACHMENT 1
TO EFFECTUATE THIS AGREEMENT, the parties have caused their duly authorized
representatives to execute this Agreement on the dates set forth below.
City Consultant
City of Lakeport Polestar Computers
By: __________________________ By:______________________________

Margaret Silveira, City Manager Armand Pauly, President
Date: _______________ Date: __________________
By: _______________________________
Trena Pauly, Secretary
Date: __________________
Attest:
By:
Date:
Approved as to form:
By:
David J. Ruderman, City Attorney
Date:
Page 13 of 15
119878.4
ATTACHMENT 1
Exhibit A
Scope of Services
1. Consultant shall provide information technology services to the City upon request or during
regularly scheduled visits, which shall include, but not limited to, the following:
Network Administration: security and maintenance, server administration back up,

security, maintenance and upgrades to business applications.
Desk Level Support: hardware repair, antiviral support and upgrades.
Maintenance of current servers with Windows 2008, Windows 2012, or other operating
system using Directory Services, Exchange and additional software.
Printer service for all printers of all types, including inkjet and laser.
Liaison between City and other third-party software and hardware vendors for the purpose
of troubleshooting network and system problems and issues, most notably for the Citys
accounting/financial management system, Incode; utility asset management and operations
software, Cartegraph; and the data tracking system employed by the Citys Community
Development Department.
Onsite and remote support.
IT project and procurement consultation.
Page 14 of 15
119878.4
ATTACHMENT 1
Exhibit B
Approved Fee Schedule
For services rendered by Consultant, City agrees to pay a weekly rate of $520.00. This rate shall
cover no more than six (8) hours per week, twenty six (32) hours of service per month, to be
provided during normal business hours, Monday through Friday, 9:00 AM to 6:00 PM,
commencing on the first day of the month and ending on the last calendar day of the month.
In the event that the City does not use the allotted eight hours weekly or thirty two hours in any
given month during the term of this Agreement, Consultant agrees to carry the unused balance
forward for use in any successive month until that Excess Hourly Balance is exhausted. The
Excess Hourly Balance shall be cumulative of all unused hours from all months in which this
Agreement is in effect. If the City requests services in cumulative excess of thirty two hours in
any given month, Consultant agrees to apply the proportionate amount of Excess Hourly Balance
to satisfy the request.
If the City requests additional time beyond the allotted thirty two hours in any given month, and
the Excess Hourly Balance has been exhausted, City agrees to pay Consultant an hourly fee of
$65.00.
City agrees to pay Consultant an hourly rate of $85.00 for service requests which require
Consultant to perform before or after normal business hours. These hours shall not apply to the
twenty six hour monthly allotment or to the Excess Hourly Balance.
City agrees to pay Consultant monthly in arrears and within thirty (30) days following the Citys
receipt and approval of itemized, original invoice(s) identifying period being billed, services
rendered, hours required to perform, hours performed before or after normal business hours, and
total compensation due for all services.
Total amount of this Agreement shall not exceed $27,000.00 in any twelve-month period in which
this Agreement is in effect.
Invoices are to be submitted to:
City of Lakeport
Attn: Finance Department
225 Park Street
Lakeport, CA 95453
Page 15 of 15
119878.4
CITY OF LAKEPORT
City Council
STAFF REPORT
RE: Appeal of Planning Commission Denial of Categorical MEETING DATE: 08/15/2017
Exemption for Cross Development Application for
Architectural and Design Review for Dollar General Store at
1405 South Main Street
SUBMITTED BY: Kevin M. Ingram, Community Development Director
The City Council is being asked to consider an appeal of the Planning Commissions denial of the use of a
Categorical Exemption associated with an Architectural and Design Review application (AR 17-02) for Cross
Developments proposal to construct a 9,100 square foot general retail building (Dollar General) and associated
improvements on property located at 1405 South Main Street.
The Lakeport Planning Commission, at its regular meeting of July 12, 2017 held a public hearing for the
consideration of an Architectural and Design Review Permit (AR 17-02) and associated California Environmental
Quality Action (CEQA) Categorical Exemption (CE 17-04) for the construction of a new 9,100 square foot Dollar
General retail store located at 1405 South Main Street. Following the conclusion of the public hearing, the
Planning Commission by a vote of 3-2 denied staffs recommendation to approve a CEQA categorical exemption
for the project and directed staff to prepare an Environmental Review/Initial Study.
Municipal Code Section 17.31.040 outlines the procedures related to an appeal of a Planning Commission decision
to the City Council and indicates that the applicant or affected persons not satisfied with the decision of the
Planning Commission may file an appeal. An appeal of the July 12, 2017 Planning Commission decision was filed
by the applicant on July 17, 2017 within the requisite time frame set forth in Municipal Code Section 17.31.040 A.
Municipal Code Section 17.31.040 D indicates that following the submittal of an appeal application, the Lakeport
City Council shall conduct a public hearing on the matter and that the public hearing shall be on the record and
all affected persons may appear and present evidence.
Municipal Code Section 17.31.040 C requires the pertinent application materials to be provided to the City
Council, including the reasons for the decisions made by the Planning Commission. In addition to the appeal
filed by the applicant (Attachment 1), staff has attached a variety of application materials to this staff report
including the Findings of Fact and Minute Order from the July 12, 2017 Planning Commission hearing (Attachment
2) and the staff report provided to the Planning Commission (Attachment 3) including its associated attachments.
Meeting Date: 08/15/2017 Page 1 Agenda Item #VI.A.1.

183083.1
The submitted appeal application also includes supplemental materials provided by the Appellants Counsel, Remy
Moose and Manley on August 3, 2017.
Municipal Code Section 17.31.040 E stipulates that within 30 days after the close of the hearing, the City Council
may sustain or overturn the Planning Commission decision, or may grant or modify an application subject to
conditions it imposes, or may revoke or deny the permit.
The subject of the appeal concerns the decision by the Planning Commission that the use of the Infill Development
Categorical Exemption as set-forth in Section 15332 of the CEQA Guidelines as recommended by staff, was not
appropriate for this project and an Environmental Review/Initial Study should be prepared.
As part of its analysis staff found that the Project as proposed satisfies al five qualifiers outlined in Section 15332
of the CEQA Guidelines and made the recommendation that the Planning Commission find the Project to be
categorically exempt from CEQA.
In accordance with Section 15332 of the CEQA Guidelines an infill development project qualifies for a Categorical
Exemption if it:
1. is consistent with the general plan designation and policies as well as with the zoning designation and
regulations
The project is located upon property which is designated by the General Plan as Major Retail which is defined
in the General Plan as the principal retail designation for the Lakeport area; the place for regional and local
serving retail establishments(Land Use Element, page II-2). The zoning designation for the property is C-2,
Major Retail which permits general retail stores as a permitted use (Section 17.10.030(A)). Staff also found
that the Project was consistent with specific objectives of the General Plan in that it encourages commercial
development, fostering economic growth, reducing land consumption, and complimenting adjacent land uses
(Objective CD-2) and additionally promotes business activity (Objective ED 2).
2. occurs within city limits on a project sire of no more than five acres substantially surrounded by urban uses;
The project is sited within the City Limits on a vacant parcel of slightly less than two (2) acres in size.
Surrounding land uses are urban in nature and include a general retail shopping center to the north, residential
mobile home park to the east, and self-storage establishments to the south and west.
3. has no value as habitat for endangered, rare or threatened species;
In accordance with California Department of Fish and Wildlifes Natural Diversity Database, this subject
development site contains no known rare or endangered species. Additionally, the project does not contain
any natural streams, wetlands, or riparian vegetation which would lead staff to require additional biological
or botanical assessment of the site.
4. would not result in any significant effects relating to traffic, noise, air quality, or water quality; and
During the course of review for this Project, the applicant submitted several site specific studies and staff
consulted with several public agencies and ultimately determined that this project would not result in any
significant effects relating to traffic, noise, air quality, or water quality
Traffic: The applicant commissioned a traffic impact analysis prepared by a traffic engineer which
determined that the project would add only an incremental impact of one (1) percent to area traffic.
Noise: Community Development staff found that expected noise related to the proposed use were
consisted with surrounding uses and would not result in the generation of noise inconsistent with
performance standards outlined in Section 17.28.010(A) of the Zoning Ordinance pertaining to noise.

183083.1
Air Quality: The Lake County Air Quality Management District determined that the project would be
less than significant and that short-term air quality impacts associated with construction could be
minimized through the use of best management practices.
Water Quality: In consulting with the City Engineer, staff determined that the submittal of grading,
hydrology and stormwater related development plans were not necessary at this stage of the project
and could be incorporated as conditions of approval to be addressed at the building plan submittal
phase. The existing flat topography and large land area available at the site led staff to conclude that
the impact to water quality was not significant as ample room for the incorporation of water quality
related improvements could be easily achieved.
5. can be adequately served by all required utilities and public services.
The Public Works Department reviewed the project and determined that adequate municipal water and sewer
services are available to the serve the project.
Sewer: A 12 inch gravity sewer is located on South Main Street at the intersection with Kimberly
Lane. The gravity sewer then flows towards the lift station at Lakeport Boulevard and Main Street
and then to the lift station at Larrecou Lane near the Citys Corporation Yard and finally out to the lift
station at Linda Lane before being treated at the our Wastewater Plant. All of these lift stations
currently have adequate capacities for handling existing and future flows. According to the 2008
master plan, the Wastewater Plant ADWF(Average Dry Weather Flow) capacity is .51 MGD. In 2016
the Citys ADWF was .46 MGD. This would provide a remaining capacity of approximately 250
Residential Unit Equivalents (RUEs).
Water A 14 inch DIP water line is located on South Main Street at the intersection with Kimberly
Lane. This provides plenty of capacity for domestic and commercial use including fire protection. The
City municipal water supply consists of a 1.73 MGD surface water plant and (4) ground water wells
which can contribute an additional 2.3 MGD. The average day of the Citys peak year was .79
MGD. Supplies are very adequate and we also have 2.5 million gallons of elevated storage for
emergencies.
The Planning Commission ultimately disagreed with the analysis by staff and found that the use of a Categorical
Exemption pursuant to CEQA Guidelines Section 15332 was not adequate and made the following findings:
1. Section 17.27.060(A) of the Lakeport Zoning Ordinance outlines the requirements for site plans to be
submitted as part of an Architectural and Design Review Application. Among the items listed, the submitted
site plan by the applicant did not include the following listed features:
location and size(s) of water and sewer lines
storm drainage facilities
fire hydrants
2. Section 17.27.060(D) of the Lakeport Zoning Ordinance further outlines the requirement that [a] grading
plan indicating existing and proposed grades (contours) on the site, retaining wall, or other soil stability
issues be submitted as part of an Architectural and Design Review Application. The application packet
submitted by the applicant did not include the submittal of a grading plan.
3. Members of the Planning Commission expressed concern regarding the adequacy of the Traffic Impact
Analysis, prepared by KD Anderson & Associates, Inc. (March 2014), specifically in regards to the existing
traffic conditions at the intersections of South Main Street & Kimberly Lane and South Main Street &
Lakeport Boulevard. Conclusions noted in the KD Anderson study should be further reviewed as part of an
initial study.
4. Members of the Planning Commission expressed concern regarding the number of recommendations
outlined in the project specific Geotechnical Engineering Services Report, prepared by Professional Service

183083.1
Industries, Inc. (PSI) (March 2017). Specific concern was raised in regards to Section 4.1 (Site Preparation)
of the report. The Planning Commission felt that a CEQA Initial Study should be conducted in order to
determine that the proposed project design was adequate in light of the geotechnical recommendations
outlined by PSI in their study.
5. Members of the Planning Commission noted that the proposal for a new 9,100 square foot general retail
store would have impacts upon existing general retail uses in the area. Analysis of these impacts should be
further examined through the preparation of a CEQA Initial Study.
The applicant has submitted a written response to the appeal application along with related supplemental
information. These materials are attached to this staff report as Attachment #2.
OPTIONS:
Deny the appeal, affirming the Planning Commissions decision, and remand to the Community
Development Department for the preparation of an Environmental Review/Initial Study.
Grant the appeal, finding the Project is categorically exempt, consistent with Section 15532 of the CEQA
Guidelines for in-fill development projects, and remand to the Planning Commission for the consideration
of the adequacy of the Architectural and Design Review application.
FISCAL IMPACT:
None $ Budgeted Item? Yes No
Budget Adjustment Needed? Yes No If yes, amount of appropriation increase: $
Comments: None
SUGGESTED MOTIONS:
Sample motion to sustain the Planning Commissions decision:
I move to deny the appeal of Cross Development and sustain the Planning Commissions decision of July 12, 2017,
and remand the Project to the Community Development Department for the preparation of an Environmental
Review/Initial Study.
Sample motion to overturn the Planning Commissions decision:
I move to grant the appeal of Cross Development and find that the Project qualifies for a Categorical Exemption
pursuant to Section 15332 of the CEQA Guidelines and remand to the Planning Commission for the consideration
of the adequacy of the Architectural and Design Review application (AR 17-02).
Attachments: 1. Minute Order & Findings of Fact from the July 12, 2017 Planning Commission
hearing
2. Appeal application (7/17/17) & Supplemental Appeal Materials (8/3/17)
3. AR 17-02 Planning Commission Staff Report (7/12/2017)

183083.1
ATTACHMENT 1
ATTACHMENT 1
ATTACHMENT 1
LAKEPORT PLANNING COMMISSION MEETING

JULY 12, 2017 - DRAFT MINUTES ITEM VI.C.
Dollar General / Cross Development - AR 17-02 & CE 17-04

Associate Planner Chance briefed the Planning Commission on an Architectural and
Design Review for the construction and development of a 9,100 square foot
commercial retail building on a vacant lot located at 1405 South Main Street, APN: 005-
033-32.
Community Development Director Ingram stated he wanted to highlight the

differences between the Dollar General projects proposed in the unincorporated areas
of the county, emphasizing that in Lakeport general retail stores are an allowed in the
C-2 Zoning district whereas the county zoning ordinance requires a more discretionary
review process for general retail structures larger than 5,000 square feet. Additionally,
Ingram advised the City has the ability to utilize the infill development Categorical
Exemption provided under CEQA which is not available to unincorporated areas of the
County.
Public hearing opened at 6:09 p.m. Applicant Joe Dell spoke in favor of the project.
Mr. Dell asked to clarify the Project Conditions of Approval.
Mr. Dell asked for clarification on conditions #23 & 24 on applicability of Sewer and
Water expansion fees. Chance advised they would be applicable.
Regarding condition 34 which states The final building plans shall include a faade
addition similar to the front and side faade, along the first 25-feet of south elevation.
Mr. Dell stated the landscaping in that location is significant and will block
predominately anything that is going to be done to the particular build; corner. Mr. Dell
asked if they could avoid doing that as a cost effectiveness with the landscaping that
will hide it. Ingram stated staff came to the same conclusion, if the commission felt
comfortable they could strike it out of the condition entirely.
Regarding #40 Mr. Dell clarified the business license would be maintained by Dollar
General not Cross Development. He asked if that condition could be reworded to state
Dollar General shall maintain a City of Lakeport business license.
Commissioner Green asked the applicant if they would be open to amending

condition #29 adding a second landscape island within the parking lot. Mr. Dell
advised they dont mind doing so if the City is ok with adding a replacement parking
space in a new location.
Commissioner Russell stated she would like to see more trees added to the landscape
plan. Ingram stated that Project Condition Agreement #27 which states The final
landscape plan shall extend the landscaping along frontage of South Main Street
extending to the northerly property. Ingram advised this condition only addresses the
north end of the property but the Commission could amend to add other areas. Mr.
ATTACHMENT 1
Dell advised he is not opposed to adding more trees as suggested, however would like
to come to an agreement of how many trees.
Lakeport resident and business owner, Nancy Ruzicka, Lake County resident Ed Robey,
and Lakeport resident Christine Hutt spoke against the project citing concerns related
to additional traffic, specifically to the South Main/Lakeport Boulevard intersection.
Additional comments were made pertaining to the location of nearly a half dozen or
more of these stores around the entire county and how that was having a negative
impact upon existing local businesses.
Public hearing closed at 6:57 p.m.
Commissioner Froio advised he was generally against the project for several reasons,
potential traffic issues, taking away business from other businesses, and proposed
location of the business. Froio advised he was interested in hearing additional
information on how these issues might be resolved.
Commissioner Wicks advised he respectfully disagreed with staffs assumption that the
project does not require an Initial Study. Wicks stated per the Lakeport Municipal Code
this project requires the submittal of a grading plan. Wicks advised a grading plan
would speak to the storm drain and the run-off concerns but these plans were not
provided. Wicks stated there is a huge volume of information speaking to
geotechnical, traffic, historical information, and there was a lot of conditions for
mitigation that he believed should trigger the completion of an Initial Study.
Chair Taylor stated he didnt quite understand Commissioner Wicks position on the
CEQA exemption and whether that meant he was not in favor of the project. Wicks
stated no, what he was indicating was that the General Plan and Architectural and
Design are separate discussions from CEQA. Furthermore, Wicks mentioned he needed
to see the study of potential economic impacts to existing local businesses as a result of
this.
Wicks inquired as to why staff did not request the submittal of a grading plan as
required by the Lakeport Municipal Code. Community Development Director Ingram
stated staff discussed that matter specifically with the City Engineer, asking what his
concerns were. Ingram advised the City Engineer stated there would only be minor
impacts that were not going to affect the design layout, with plenty of room on a flat
site to accommodate storm water control features. Ingram stated that grading was
going to be minimal and he felt comfortable in providing conditions to bring those into
compliance. Associate Planner Chance further added that grading plans would be
required at the time of submittal of a building permit application.
Wicks stated in his interpretation of CEQA this project leans more on the side of an Initial
Study then an exemption.
Green stated that even if there was an Initial Study it would not yield new information
and the Commission would be left reviewing the same condition. Green further stated
ATTACHMENT 1
that he did not believe any substantial evidence had been brought up that made use
of the infill CEQA exemption inappropriate.
Chair Taylor stated its a big project and not enough time had been provided to review
all the information provided. Taylor advised he would recommend to postpone the
project to a later meeting so they could get more time to review provided information
and get any questions answered.
Green stated procedurally he understand what was being asked, but at the end of the
day an Initial Study is prepared he did not think anything would change. Green stated
instead of the current CEQA exemption they would have a Mitigated Negative
Declaration based on the project findings that they have in front of them.
Wicks stated that one thing that would change would be the agency review
comments from the different organizations that couldnt comment on the project
because there were no grading or storm water information provided on the site plans or
complete plans to review.
Public hearing re-opened at 7:24 p.m. Applicant Joe Dell spoke for the project.
Mr. Dell stated at the end of the day the decision tonight was for an Architectural and
Design review. Mr. Dell advised he understood they dont feel its CEQA exempt,
however the Citys General Plan and Ordinance stated it is. Wicks stated it is not a
personal decision but it is strictly the letter of CEQA and it states if the Planning
Commission is the lead agency responsible for determining the appropriate level of
CEQA review.
Mr. Dell stated if there is a denial under CEQA then there has to be a specific finding for
the denial, it cant be that you dont agree with it. Mr. Dell stated he doesnt know if
there was much more information to be found. Wicks stated that the Lakeport
Municipal Code states for a project of this size they should have a grading plan.
Associate Planner Chance advised the location is a flat lot and staff wouldnt require a
grading plan when there is no topography that would require significant amounts of
grading. Ingram advised staff sat down with the project Engineer with Public Works and
looked at those issues and what would be necessary and that is what triggered the
conditions that are specific to storm water, grading, and drainage.
Wicks asked why the Commission was provided a traffic study if the project is
considered exempt from CEQA. Ingram stated if you look at the findings of the reports
provided there was no impact. Ingram stated just the presence of studies doesnt
mean it rises to the level of needing an Initial Study. Ingram advised that the
Commission was completely in their right to think not enough information has been
provided, however staff needed help on additional information the Commission felt
necessary in order to feel comfortable with the CEQA exemption or the requiring of an
Initial Study.
Commissioner Green asked staff if the applicant had to do an Initial Study, how much
extra time would it add to the project? Ingram advised they would have to send it
ATTACHMENT 1
back for review to different agencies which would be a minimum 30 days, an

additional 30 days for staff to prepare the final Initial Study, and then you would have to
legally notice it, so it would be a minimum of 3 months.
Mr. Dell stated if the Commission continued for further discussion then he would love to
bring his CEQA attorney back with him and speak to this. Mr. Dell stated he would also
like City Council to weigh in because the City Ordinances are pretty straight forward for
what they are going through and believes its a stretch to say an Initial Study is required.
Ingram asked Commissioner Wicks whether the issue was the missing information that
reduces his level of confidence in making a decision as to the applicability of a
Categorical Exemption or was he just saying regardless of if the applicant submitted a
grading plan or additional storm water issues that he believed the project requires an
Initial Study in his opinion? Wicks stated that in his opinion this project requires an Initial
Study not simply because of the storm water but because there was an economic
impact to other general retailers and upon the community as a whole.
Mr. Dell stated he was not a CEQA attorney however he had done this enough in Lake
County that when CEQA is brought up economics are not taken into account as part of
an Initial Study. Chance advised the General Plan had an EIR prepared for it and
subsequent the consistency with the Zoning and General Plan addressed all the issues
at that time. Ingram further stated an analysis of economic impacts in not done as part
of an Initial Study, but rather as part of an EIR when warranted.
Commissioner Froio stated he was going with what he felt. He got his packet Thursday
night and he went through the packet but had more work to do. Mr. Dell stated he
respected that and hoped the Commission would help them understand what work
there was to do. Froio advised they needed a little more time to figure that out.
Ingram stated he agreed with the applicant in needing more information from the
Commission on what they would like to see to address their concerns. Ingram stated he
would look into making sure the Citys legal counsel is available if the matter is to be
continued and it sounded like the applicant was interested in bringing their counsel in
as well. Ingram believed that was a preferable alternative to making a decision of yes
or no on the CEQA determination, its fairer to the applicant and the Commission as
well.
Commissioner Green stated he would disagree, when the public hearing is closed he
would call the question on the CEQA determination. Green advised he did not think it
was a lack of reading time that is the issue he thought they had a fundamental policy
issue. Green stated if they called the question and voted yes great, if voted down
the applicant could move with an appeal to the City Council and have this same
discussion with the attorneys at the ultimate policy board that was going to make that
final decision.
Nancy Ruzicka reiterated her aesthetic concerns regarding the inappropriateness of

permitting a metal building in town. Public hearing closed at 7:47 p.m.
ATTACHMENT 1
Commissioner Green stated he did not believe there was any substantial evidence that
would warrant not approving a Categorical exemption for the project.
Categorical Exemption Approval
Commissioner Green moved that the Planning Commission find that AR 17-02 as applied
for by Cross Development, LLC, is categorically exempt pursuant to Section 15332 of the
CEQA Guidelines. Seconded by Commissioner Wicks.
The vote was called and was as follows:
AYES: Commissioners Russell and Green (2-3)
NOES: Commissioner Froio, Wicks, Chair Taylor
ABSENT: None
Mr. Dell asked if the denial of the CEQA was appealable to the City Council. Mr. Ingram
stated the decision was appealable.
Mr. Dell stated for him to make an informed decision, because there is a time limit to
appeal, he would need specific requirements from the Commission on why it was denied
and what information they want so he could make a decision to continue and answer
those questions or he could appeal to the City Council.
Ingram stated there was information provided within the proceedings record stating the
Commissions reasoning for requiring an Initial Study. Staff would provide those formal
findings to the applicant as soon as possible.
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CITY OF LAKEPORT
COMMUNITY DEVELOPMENT DEPARTMENT
STAFF REPORT
HEARING DATE: July 12, 2017
FILE NO: AR 17-02 / CE 17-04
FILE NAME: Dollar General
APPLICANT: Joe Dell

Cross Development, LLC
4336 Marsh Ridge Road
Carrolton, TX 75010
OWNER: Diane Kahle

Shoreline Center, LTD
100 Kimberly Lane
Lakeport, CA 95453
REPRESENTATIVE: Mike Railey

Rubicon Design Group, LLC
100 California Avenue, Suite 202
Reno, NV 89509
Location: 1405 South Main Street (APN 005-033-32)
General Plan: Major Retail
Zoning: C-2, Major Retail
STAFF CONTACT: Daniel D. Chance, Associate Planner
REQUESTED ACTION: The Planning Commission is being asked to review and approve
an application for an Architectural and Design Review for the construction and
development of a 9,100 square foot commercial retail building on a vacant lot at the
corner of South Main Street and Kimberly Lane.
GENERAL PLAN AND ZONING DISTRICT: The subject property is designated Major Retail
District according to the City of Lakeport General Plan Land Use Map and is within the
C-2, Major Retail zoning district according to the City Zoning Map. A retail store is a
permitted use within the C-2 zoning district.
Section 17.27.020 of the Municipal Code indicates that an Architectural and Design
Review is required for all new commercial buildings. No building permit or other
entitlement for a new commercial building shall be issued until the site plan; the
AR 17-02 ATTACHMENT
2 3 Staff Report
Dollar General/1405 So. Main St.
architectural elevations and related plans have been reviewed and approved by
either the Planning Commission as provided for in the Zoning Ordinance.
Based on the scale and scope of the project, staff determined the proposed project
would require approval by the Planning Commission for the Architectural and Design
Review (17.27.030.D).
Review of the Architectural and Design Review standards, the proposed commercial
retail building adds design elements, character, landscaping and improvements to the
overall design of the South Main Street commercial area.
As proposed, the allowance for the commercial retail building and related
improvements at this site are consistent with the following objectives of the General
Plan:
Objective CD-2 of the General Plan encourages commercial development
designs which foster economic growth, reduce land consumption, and
compliment adjacent land uses(Page V-11)
Objective ED 2 of the General Plan which seeks to: provide support for the
promotion of businesses(Page VI-3)
The current project as proposed incorporates Nodal Commercial Development
encouraged in the General Plan. Nodal Commercial Development includes
locating the building to the front of the property, locating the parking to the side
or rear, and create a streetscape that improves the visual aesthetic quality.
(Page V-6)
(Note) Dollar General has been involved in a number of appeals in the unincorporated
areas of Lake County which raises the need for clarification between the approval
processes associated with the County and the City. The Countys approval process for
various Dollar General store locations included greater discretionary action on the part
of the County based on the fact that due the size of the proposed structures triggered
a Use Permit in addition to design review. In the case of the City of Lakeport,
Commercial retail in the C-2 (Major Retail) is a permitted use determined to be
appropriate by the Zoning Ordinance and does not include a building size limitation.
At this time, the design of the structure is the only reviewable issue associated with this
project, and is addressed as part of the Architectural and Design Review application.
PROJECT DESCRIPTION: The applicant proposes to construct a commercial retail
building at 1405 South Main Street at the corner of South Main Street and Kimberly
Lane. The 81,800 square foot parcel is currently vacant. The proposal consists of
constructing a 9,100 square foot commercial retail building. The building would be one-
story, with a height of 23 feet. The use of the building would be for a Dollar General
retail store. The building would be located upon the southeast corner of the lot
adjacent to the South Main Street and Kimberly Lane intersection, with the parking
located along the side of the building. The project includes 36 Parking spaces and
landscaping. Vehicular access to the property would be from South Main Street and
Kimberly Lane. The developable area associated with this project would
beapproximately 36,000 square feet (building, parking, sidewalk, and landscaping)
with the remaining 46,000 square feet of the lot remaining undeveloped.
AR 17-02 ATTACHMENT
3 3 Staff Report
ARCHITECTURAL AND DESIGN REVIEW DISCUSSION & ANALYSIS: Section 17.27.110 of the
Zoning Ordinance sets forth the Architectural and Design Review criteria and standards
by which the Community Development Department and Planning Commission shall
evaluate projects for compliance. The Planning Commission has the authority to
require conditions as necessary to attain compliance with the standards of the
Architectural and Design Review requirements outlined in the Zoning Ordinance. The
following is an analysis of project compliance with required criteria which includes
some discussion on areas where staff has recommended the inclusion of project
conditions.
As presented in the submitted application packet (Attachment C), the proposed
building maintains an architectural design which is consistent and compatible with
other surrounding uses. Additionally, staff believes that this project will improve the
overall aesthetic quality of development in this area of South Main Street. The
attached plans depict the proposed buildings four elevations that add a modern
design while maintaining the commercial integrity of the buildings in the immediate
area.
Proposed Elevations
AR 17-02 ATTACHMENT
4 3 Staff Report
Proposed Site Plan

Building Location: In the designing of the project the applicant has worked with the
City in designing the site plan that reflects the Nodal Commercial Development as
defined in the General Plan. An earlier site plan had the parking lot fronting South Main
Street with the building located behind the parking area. The current site plan moves
the building to the front of the property at the corner of South Main Street and Kimberly
Lane, with the parking lot located to the north and west of the property. The proposed
Nodal Commercial Development design provides a more pleasing design aesthetic to
the pedestrian and motorist. The proposed design will also provide an opportunity for
future infill commercial development on un-developed areas of this site reducing the
impact of sprawl.
Building Design: The exterior elevations of the proposed building include a parapet that
extends over the roof at a height that would screens a majority of the HVAC equipment
on the roof, depending on the location of the HVAC equipment, some additional
screening may be required. Condition 2, would address any possible screening
requirements for the HVAC equipment. The design of the exterior incorporates a large
number of articulations of the faade and structural detail to reduce the linear impacts
of the structures. Design features include metal wall panels along the building painted
Sandstone and hardieplank lap siding along a number of facades and parapets
located around the building painted Burnished Slate. Roof canopies, gutters and
downspouts would also be painted Burnished Slate. The project would include a 4-
foot red brick wainscoting around the base of the building and red brick wall
features along the front entryway and various locations around the building.
During the Pre-Application process staff provided the applicant several architectural
design features for other development within the Lakeport area, specifically from the
Citys Redevelopment Faade Improvement Program, that it recommended by
incorporated to make this new structure reflect community design. The proposed
building would not reflect a significant or substantial impact on the harmony and
compatibility in the Major Retail District. The building design, with related landscaping
AR 17-02 ATTACHMENT
5 3 Staff Report
creates an aesthetic improvement to the South Main Street commercial district. Staff
believes the proposed colors are consistent with Section 17.27.110.A which promotes
harmony and compatibility. Staff does have some concerns with the southerly
elevation; this area would be viewed by vehicles driving northbound on South Main
Street and Kimberly Lane. The applicant has added an additional trellis, however staff is
concerned that a trellis at this location would not be adequate. Staff has added a
condition that a faade (architecturally similar to the north and east side faade) be
located along the front of the building and extending approximately twenty feet on
that side. The recommended frontage change shall not include any signage. The
proposed recommended faade change together with proposed landscaping will
adequately provide an aesthetically pleasing visual break on an otherwise blank wall
face.
Signage: The current sign proposal includes three signs: 1) An 8 foot high double-faced
freestanding pylon sign with 50 square feet of signage proposed for each sign face (a
total of 100 square feet)to be located near the South Main Street driveway entry of the
site; 2) a 48 square foot building mounted sign on the east elevation of the building
facing South Main Street; and, 3) a 48 square foot building mounted sign on the north
building elevation facing the parking area.
Section 17.52.050 of the Citys Municipal Code (Sign Ordinance), permits one (1)
building mounted sign not to exceed 50 square feet in total size and one (1) free
standing sign not exceeding 25 feet in height and having more than 50 square feet of
signage on any one face for individual stand-alone retail operations in the C-2 zoning
district. Additionally, Planning Commission Resolution No. 46adopted in accordance
for mounted signs for retail operations in the C-2 zoning district on corner lots permits
two (2) building mounted signs, but does still limits the total amount of building mounted
signage to 50 square feet along each frontage.
Permitted Requested
Sign Type No. Sq. Ft. Height No. Sq. Ft. Height
Building Mounted 2 50 Roofline 2 48 Below
Roofline
Freestanding 1 100 25 ft. 1 100 8 ft.
TOTALS 3 150 -- 3 148 --
AR 17-02 ATTACHMENT
6 3 Staff Report
Wall and Monument Sign

Proposed signage at this site is consistent with Zoning Ordinance Section 17.52.050
which allows signs on only two walls with two street frontages.
Kimberly Lane Street Improvements: The city requires curb, gutter and sidewalks, as
well as half street improvements for all commercial development. The proposed plans
reflect those requirements. However, the City Engineer, the Public Works Director and
Planning staff evaluated the need for a full roadway (two full lanes) serving the Dollar
General site. The City recommends the curb, gutter and sidewalk be allowed to end
just past the Kimberley Lane access driveway. In return for this reduced development
standard, the developer will construct two lanes extending down Kimberly Lane to the
Kimberley Lane driveway. This change would provide full vehicle access to the
commercial retail use. Future development on the rear of this property would be
required to provide curb, gutter and sidewalk along the rear half of the property. In
addition, the Shoreline Storage has a Deferred Agreement for road improvements
along Kimberley Lane that would address curb, gutter and sidewalk along the south
side of Kimberley Lane as well as half width along Kimberly Lane accessing the storage
facility at the end of the road. However at this time, the City has not heard when that
roadway will be installed. The applicant is in support of this revised improvement plan.
Landscaping & Miscellaneous Site Features: The project proposes landscaping along
the street frontages, as well as surrounding the parking area. The proposed trees and
shrubs around the parking lot meets the landscaping criteria for parking lots, as defined
in the Zoning Ordinance; however, staff would recommend locating a landscape tree
in a landscape island in the middle northern parking area to break-up those 15 parking
spaces (Condition 29). Staff is further recommending extending the landscaped strip
along the South Main Street sidewalk to the northern property line (Condition 27) in
order to provide a more aesthetically pleasing frontage look along South Main Street.
The sycamore trees along the building adjacent to South Main Street and Kimberly
Lane reduce the overall visual impact of the structure and substantially soften the
building from those street views; however staff would recommend replacing those
sycamore trees with a tree that would less likely damage the adjacent sidewalks
(Condition 28). Replacement trees should be required to be of similar size to that of a
sycamore. Plantings identified on the landscape plan are drought tolerant plants,
consistent with the City of Lakeport and California water efficiency standards.
AR 17-02 ATTACHMENT
7 3 Staff Report
Landscape Plan
The project includes a trash enclosure at the west side of the parking lot adjacent to
Kimberly Lane. The trash enclosure would be conditioned to match the existing building
(Condition 31). The project would be conditioned to provide bike racks adjacent to
the building (Condition 32). The project would be required to extend the pedestrian
walkway from the building entry to the sidewalk along South Main Street to provide
connectivity in pedestrian access. That walkway would have to meet ADA accessibility
requirements (Condition 33). Exterior lighting includes downlit lights on the building and
two pole lights. The two pole lights located along the north and west side of the parking
lot. All lighting would be conditioned to be downlit and have no offsite glare.
Parking: Under the Parking Ordinance 17.23.050, commercial retail requires one parking
space for every 250-square feet. Under this criteria, the project would require 36-
parking spaces, while the proposed project provides 36-parking spaces (2-parking
spaces are ADA accessible). The plans identify all of the parking spaces to be 9-feet
by 20-feet (the Citys standard size) with no compact parking Included. The drive aisles
would be 36-feet and 40-feet; the City standard for two-way traffic is a minimum of 24-
feet. The parking and interior circulation associated with this project is consistent with
the regulations outlined in the Parking Ordinance.
Traffic/Circulation: A Traffic Study was prepared for the project that evaluated the
potential impacts of the existing traffic volumes, project generated traffic volumes and
cumulative traffic volumes. Under the General Plan, intersection improvements require
a Level of Service C during AM and PM peak hour times. The traffic associated with the
proposed commercial retail building added to the existing traffic counts at the two
intersections (Lakeport Blvd/South Main St. and Kimberly Lane/South Main St.) will not
significantly increase the AM and PM Peak Hour beyond Level of Service C, and would
not have an overall impact on the vehicular circulation in the South Main Street
corridor. The cumulative impact of those intersections would be impacted with or
without the project, with the project adding an incremental impact of 1% increase as
projected, based on projections identified in the General Plan.
AR 17-02 ATTACHMENT
8 3 Staff Report
Cultural Resources: An Archeological and Historical Study was prepared for the
property, which included an onsite survey and one auger boring on the property. That
onsite reconnaissance did not identify the presence of cultural resources on the
property and review of archival records did not identify historic or cultural resources on
the property. Since identified cultural resources have been located in the City in the
past, staff would add our standard conditions (Conditions 7, 8. 9 & 10) that require a
tribal monitor during any significant trenching or grading, as well as established
procedures if cultural resources are identified.
Agency Review Comments: The submitted plans were provided to the Building Official,
City Engineer, City Public Works, Environmental Health, Lakeport Disposal, Scotts Valley
and Big Valley Band of Pomo Indians, Air Quality Management, Lake County Transit,
Police and Fire District for their review.
Building Official: Comments in attached in Attachment D.
City Engineer: Comments in attached in Attachment D.
Environmental Health: Comments in attached in Attachment D.
Air Quality Management: Comments in attached in Attachment D.
Lakeport Disposal: Comments in attached in Attachment D.
Big Valley Band of Pomo Indians: Did not reply.
Scotts Valley Band of Pomo Indians: Did not reply.
City Police: Had no concerns.
Fire District: No comments at this time.
Lake County Transit: Did not reply
The conditions of approval would address many of the concerns raised, while other
concerns raised would be addressed as part of the Building Permit process. Project
Conditions of Approval and vicinity map are attached.
Required Findings: Section 17.27.080 requires the Planning Commission to make specific
findings in its approval of an Architectural and Design Review application. Staff
reviewed all of the criteria applicable to this project and has determined that the
proposed improvements are in compliance with the Architectural and Design Review
standards as set forth in the Municipal Code and recommends the following findings be
made:
Finding 1: The proposed project is consistent with the purpose of the Lakeport Zoning
Ordinance. The property is zoned C-2, Major Retail which allows commercial retail. The
project as proposed is consistent with the Lakeport Zoning Ordinance.
Finding 2: The project is in substantial compliance with the design criteria. The design,
materials and color of the building will incorporate a modern design, with various
articulations in the linear design to provide character to the building, and would reflect
a harmonious design within the immediate area, as well a landscaping that would
reduce and soften the visual impact of the building. The scale of the building and color
harmonize with other buildings, while providing a design consistent with the
AR 17-02 ATTACHMENT
9 3 Staff Report
requirements of the Architectural and Design Review section. The project is in

compliance with the criteria and standards for 17.27.110 Architectural and Design
Review.
Finding 3: The project is consistent with the Lakeport General Plan. The project as
proposed is consistent with the objective and policies of the Lakeport General Plan. The
General Plan encourages commercial development designs which foster economic
growth, reduce land consumption, and compliment adjacent land uses. The proposed
commercial retail facility at its proposed location reflects that objective by fostering
economic growth, while complimenting adjacent land uses. In addition the location of
the building reflects the Nodal Commercial Development as defined in the Community
Design Element in the General Plan and provides opportunity for additional infill
development at this site.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS:

Finding 4: The project is categorically exempt of the California Environmental Quality
Act. The proposed project has been determined to be categorically exempt from the
provisions of the California Environmental Quality Act according to Section 15332 of the
2016 CEQA guidelines. This section allows in-fill development subject to the following
conditions:
(a) Consistent with general plan and Zoning.
(b) Located within the City limits and under 5-acres.
(c) Property has no value to endangered, rare or threatened species.
(d) Approval would have no effects relating to traffic, noise, air quality, or water
quality
(e) Site is adequately served by all required utilities and public services.
The project as discussed in this report and the project file would have no impact on the
identified conditions listed above. The project included a Geotechnical Report, a
Cultural Resource Survey, and a Traffic Study which provided review of the property.
All comments in those reports, as well as what has been discussed in this staff report
have been incorporated as Conditions of approval.
CONCLUSION AND DECISION: Based on the information provided by the applicant and
the comments received from City staff, a finding is made that the construction of the
commercial retail building for Dollar General located at 1405 South Main Street is in
general conformance with the Lakeport Municipal Code Section 17.27.110
(Architectural and Design Review criteria and standards). The proposed commercial
building will enhance the appearance and improve the functionality of the existing
commercial buildings within the South Main Street business area. The proposed project
has been determined to be categorically exempt from the provisions of the California
Environmental Quality Act according to Section 15332 of the 2016 CEQA guidelines.
This section allows development on parcels less than five acres substantially surrounded
by urban uses, consistent with the General Plan and Zoning; and determined to have
no impacts on rare species, endangered species, threatened species, traffic, noise, air
quality or water quality.
AR 17-02 ATTACHMENT
10 3 Staff Report
Staff recommends that the Planning Commission approve the Architectural and Design
Review application subject to the conditions of approval set forth in the staff report
(Attachment B).
SAMPLE MOTIONS
Categorical exemption Approval
I move that the Planning Commission find that AR 17-02 as applied for by Cross
Development, LLC is categorically exempt pursuant to Section 15332 of the
CEQA Guidelines.
Architectural and Design Review Approval
I move that the Planning Commission find that the Architectural and Design
Review applied for by Cross Development, LLC, on property located at 1405
South Main Street does meet the requirements of Section 17.27.080 of the
Lakeport Zoning Ordinance; consistent with the objectives and policies of the
Lakeport General Plan; and subject to the project conditions of approval
(Attachment B), and with the findings listed in the July 12, 2017 staff report.
The Planning Commissions approval of the applications shall be subject to the

conditions of approval specified in the staff report and/or as amended by the
Planning Commission at the public hearing.
Attachment A: Vicinity Map

Attachment B: Project Conditions Agreement
Attachment C: Application; Site Plan, Landscape Plan & Elevation; Sign Plan;
Lighting & Colors
Attachment D: Agency Review Comments
The Traffic Impact Analysis and Geotechnical Report may be made available upon
request.
ATTACHMENT 3
Attachment A
Vicinity Map
ATTACHMENT 3 City of Lakeport, CA
K
LAKEPORT
CHRISTOPHER
ROYALE
KIMBE
RLY
MAIN
Project Location
1405 S. Main St.
I
Projected coordinate system name: NAD 1983 State Plane California II FIPS 0402 Feet
Geographic coordinate system name: GCS North American 1983
Dollar General (AR 17-02) Vicinity Map

ATTACHMENT 3
Attachment B
Project Conditions Agreement
ATTACHMENT 3
CITY OF LAKEPORT
Community Development Department
225 Park Street
Lakeport, Ca 95453
PROJECT CONDITIONS AGREEMENT

Land Use Application File No. AR 17-02
This Agreement is entered into by Cross Development, LLC

(hereinafter Applicant/Owner).
RECITALS
WHEREAS, Applicant/Owner applied to the City of Lakeport for a
Architectural and Design Review approval for the design of a commercial retail
building; and
WHEREAS, the City of Lakeport has reviewed and approved the project for
conformance with the Architectural and Design Review criteria and standards
set forth in Section 17.27.110 of the Lakeport Municipal Code; and
WHEREAS, the proposed project is hereby approved subject to the
following conditions:
1. The applicant/owner shall sign a standard City of Lakeport Project Conditions

Agreement which lists the conditions of approval and shall agree to said
conditions. A copy of the signed agreement shall be returned to the Community
Development Department.
2. Roof-mounted mechanical equipment shall be provided with architectural
screens which effectively screen the equipment and complement the buildings
architecture. Ground-mounted mechanical equipment, if provided, shall also
be provided with visual screens. Said screens shall be detailed on the building
construction plans.
3. All construction activities shall include adequate dust suppression including
frequent watering, the use of palliatives or other methods during grading, earth
work, and building periods. Site grading and building activities shall be avoided
during windy periods and all surfaces subject to grading and/or heavy traffic
and equipment usage, including public and private streets, should be
periodically sprinkled with water. Graded areas and other bare soil areas shall
be stabilized to prevent the generation of wind-blown dust. Materials
transported to and from the site shall be covered or thoroughly watered in order
ATTACHMENT 3
2
to minimize fugitive dust and any materials deposited on adjacent roadways

shall be removed in a timely manner.
4. Engine warm-up and idling activities associated with the construction activities
shall be done in accordance with the applicable State law governing said
activities. Consideration shall be given to nearby commercial land uses with
respect to heavy equipment use and storage.
5. Any vegetation removed as a result of construction shall be recycled as
firewood, or chipped and spread for groundcover and erosion control, or
removed from the site. There shall be no burning of site vegetation, construction
debris, or household materials.
6. The applicant/owner/developer shall comply with the performance standards
set forth in Section 17.28.010 of the City of Lakeport Municipal Code regarding
the generation of noise; odors, smoke, fumes, dust or particulate matter; and the
accumulation of solid waste. The applicant/owner shall take the appropriate
steps to effectively reduce or eliminate these types of problems if the City
receives legitimate complaints.
7. Recommend that applicant/owner/develop enter into a Cultural Resource
Protection Agreement with the Big Valley Rancheria Band of Pomo Indians Tribal
Historic Preservation Office to provide Cultural Resource Monitoring for any
ground disturbance activities.
8. A Native American monitor with the Big Valley Rancheria Band of Pomo Indians
Tribal Historic Preservation Office and a qualified archaeologist shall be present
during excavation and removal of ground materials beyond 18 inches below
existing ground level.
9. During any excavation or other substantial subsurface disturbance activities any
individuals conducting the work should be given a cultural awareness training
session and advised to watch for cultural resource materials. If any evidence of
prehistoric cultural resources be observed (freshwater shells, beads, bone tool
remnants or an assortment of bones, soil changes including subsurface ash lens
or soil darker in color than surrounding soil, lithic materials such as flakes, tools or
grinding rocks, etc.), or historic cultural resources (adobe foundations or walls,
structures and remains with square nails, refuse deposits or bottle dumps, often
associated with wells or old privies), all work must immediately cease, and a
qualified archaeologist must be consulted to assess the significance of the
cultural materials.
10. If human remains are discovered, all work must immediately cease, and the
local coroner must be contacted. Should the remains prove to be of cultural
significance, the Native American Heritage Commission in Sacramento,
California, must be contacted, with notification of most likely descendants. Work
may resume outside of the burial location with concurrence from the Big Valley
Rancheria Band of Pomo Indians Historic Preservation Officer, qualified
archaeologist and the project manager.
11. The applicant/owner/developer shall submit plans reflecting soils analysis as
defined in the Geotechnical Report prepared for this project to the City prior to
the issuance of a development permit. The soils analysis should specifically
ATTACHMENT 3
3
address existing conditions and needed improvements to support the entire

development of onsite improvements associated with this project and shall be
reviewed and approved by the City Engineer.
12. The applicant/owner/developer shall submit a supplemental hydrology analysis
prepared by a civil engineer to the City prior to the issuance of a building permit.
The hydrology analysis shall quantify the net increase in stormwater runoff related
to the new impervious surfaces (buildings, parking area, driveways, walkways,
etc.) resulting from the project. The hydrology analysis shall be reviewed and
approved by the City Engineer.
13. The applicant/owner/developer shall submit an engineered stormwater
drainage plan prior to the issuance of a building permit. The drainage plan shall
address the findings of the hydrology analysis and include the provision of a
system capable of collecting and detaining the stormwater generated from the
proposed project so that there is no net increase in the flow rate of off-site runoff.
Details regarding the proposed collection, conveyance and detention facilities
shall be included in the drainage plan. The stormwater drainage plan shall be
reviewed and approved by the City Engineer.
14. The applicant/owner/developer shall comply with Lakeport Municipal Code
Chapter 8.40 (Stormwater Management), the Lake County Clean Water
Program Storm Water Management Plan and the requirements of the California
Water Resources Control Board (NPDES Phase II/Construction Activities Storm
Water General Permit requirements) prior to the issuance of a development
permits. Copies of the Central Valley Regional Water Quality Control Board
Notice of Intent (NOI), Stormwater Management Plan (SWMP), and Storm Water
Pollution Prevention Plan (SWPPP) shall be provided to the City prior to any
construction activities. All erosion control measures and construction activities
shall be completed in accordance with the projects Storm Water Pollution
Prevention Plan.
15. The applicant/owner/developer shall provide oil/sediment interceptors /filters as
part of the on-site stormwater conveyance system. Said interceptors/filters shall
be installed at each drop inlet and shall be capable of separating petroleum
products and other sediments from stormwater runoff. The
applicant/owner/developer shall maintain all interceptors/filters on a regular
basis to ensure their functional use. Plan and details for the interceptors/filters
shall be included with the on-site stormwater drainage plans or as approved by
the City Engineer.
16. The stormwater drainage collection, conveyance and detention facilities shall
be developed in accordance with the approved plans and shall be completed
prior to the issuance of any final occupancy permit.
17. The applicant/owner/developer shall be subject to all requirements of Lakeport
Municipal Code Chapter 8.40 (Stormwater Management) and any subsequent
revision or modifications thereof. All erosion control measures and construction
and post-construction stormwater Best Management Practices shall be
completed in accordance with the approved plans.
ATTACHMENT 3
4
18. The applicant/owner/developer shall pay the standard City stormwater

mitigation fee of $0.10 per square feet for all new impervious surface area prior
to the issuance of a building permit.
19. There shall be no Sunday construction activity. All construction work shall comply
with the noise standards set forth in Section 17.28.010 A. of the Lakeport Zoning
Ordinance. The applicant/owner/developer shall submit construction plans to
the City which address compliance with applicable noise standards.
20. The applicant/owner/develop shall install a fire hydrant(s) to serve the proposed
project in accordance with Section 903 of the Uniform Fire Code. The hydrants
shall be located so that all existing and future structures are reachable by 250
hose lay length. The location of the hydrants shall be coordinated with the
Lakeport County Fire Protection District and shall be detailed on the street
improvement plans.
21. The applicant/owner/developer shall pay the fire mitigation fee for all covered
construction to the Lakeport Fire Protection District prior to the issuance of a
development permit.
22. The applicant/owner/developer shall pay the required school impact fees for
commercial structures to the Lakeport Unified School District prior to the issuance
of a development permit.
23. The applicant/owner/developer shall comply with all requirements related to the
projects sewer system, including the payment of the standard CLMSD sewer
expansion. (Sewer expansion fees are indexed annually to the CPI index and
adjusted for inflation each July in accordance with Resolution 2271 (2006).) Said
fees shall be paid prior to the issuance of a building permit.
24. The applicant/owner/developer shall pay the required water expansion fee,
(Water expansion fees are indexed annually to the CPI index and adjusted for
inflation each July.) Said fees shall be paid prior to the issuance of a
development permit.
25. The project shall be developed in accordance with the approval of the Planning
Commission and City Ordinances. Project drawings and improvement plans for
the project shall substantially conform to those Architectural and Design Review
plans approved by the Planning Commission and to the conditions of approval.
A building permit shall be obtained from the City before the construction
activities are commenced. Minor alterations may be approved in writing by the
City of Lakeport Community Development Director or his designee.
26. The applicant/owner/developer shall prepare and submit a detailed final
landscaping plan, including irrigation plan, prior to the issuance of a building
permit. Said landscaping plan shall be consistent with the Landscape plans
approved by the Planning Commission. The planting of all landscaping materials
shall be completed prior to the issuance of an occupancy permit and shall be
continuously maintained and watered over the life of the project. Landscaping
irrigation shall comply with the States Model Water Efficient Landscape
Ordinance (AB 1881) and shall be designed to minimize water usage. All plant
materials that are not healthy or that dies shall be replaces with similar
landscape materials in a timely manner.
ATTACHMENT 3
5
27. The final landscape plan shall extend the landscaping along frontage of South
Main Street extending to the northerly property.
28. The final landscape plan shall replace the Platanus A. Columbia sycamore
trees with a similar sized tree that will not have the potential of damaging the
sidewalk along the street frontage.
29. The final landscape plan shall add a landscape island to be located in the
center of the northern parking area (in the center of the 15 parking spaces). The
landscape island shall include a tree.
30. All site signage, including entry signage, parking lot, ancillary, and all other signs
shall be developed in accordance with the Signage design approved by the
Planning Commission and conform to the City of Lakeport Sign Ordinance,
Resolutions, and Interpretations. The building plans shall identify wall signs on only
two elevations.
31. The final building plans shall include materials and colors for the trash enclosure
that match the principal building.
32. The final building plans shall identify the location of bike racks. The bike racks
shall be installed prior to finalizing the building permit.
33. The final building plans shall include extending the walkway in the front of the
entryway to the sidewalk, that walkway shall meet ADA standards.
34. The final building plans shall include a faade addition similar to the front and
side faade, along the first 25-feet of the south elevation. That faade shall
include Hardieplank material, red brick and steel angle canopy.
35. The applicant/owner/developer shall maintain the exterior of the buildings and
all related site improvements in good condition for the life of the project.
Damaged or dilapidated portions of the buildings or related improvements shall
be promptly repaired or replaced as necessary.
36. The applicant/owner/developer shall provide illuminated street address numbers
on each existing and proposed structure.
37. The applicant/owner/developer shall pay the South Main Street Reimbursement
Fee in accordance with Ordinance 1581 (1988) the amount would be based on
the square footage of land area.
38. All new exterior lighting serving the building shall be shielded, provided with
property line cut-offs, and/or downlit so as to eliminate glare-related impacts to
adjacent properties or the public right-of-way.
39. The applicant/owner shall submit improvement plans that include the
construction of curb, gutter and sidewalk along the South Main frontage and
extending down Kimberly Lane to a point just beyond the Kimberly Lane
driveway access. The improvement plans shall include the construction
drawings for a full paved road width down Kimberly Lane to a point just beyond
the Kimberly Lane driveway access. All improvements shall be in place prior to
finalizing the Building Permit.
40. The applicant/owner shall maintain a City of Lakeport business license.
ATTACHMENT 3
6
41. If the applicant/owner is in violation of the conditions of said approval, the

Architectural and Design Permit may be reviewed by the Planning Commission, if
deemed necessary by staff or members of the Planning Commission.
NOW, THEREFORE, IT IS AGREED:

1. That the applicant/owner has read and agrees to each and every item
and condition herein.
2. That the development and use of the real property described herein shall
conform to the conditions listed above and all City of Lakeport Ordinances
and Resolutions where applicable.
3. That said conditions shall be binding on all owners or persons having or
acquiring any right, title, or interest in said real property, or any part thereof,
subject to this agreement.
Dated: ______________________ APPLICANT
____________________________
SIGNATURE- JOE DELL, CROSS
DEVELOPMENT, LLC
____________________________
PLEASE PRINT NAMES
Dated: ______________________ OWNER
____________________________
SIGNATURE- DIANE KAHLE, SHORELINE
CENTER, LTD
____________________________
PLEASE PRINT NAMES
cc: Project File

Building Department
ATTACHMENT 3
Attachment C
Application; Site Plan, Floor Plan, &
Elevation; Sign Plan; Lighting & Colors
ATTACHMENT 3
ATTACHMENT 3
ATTACHMENT 3
ATTACHMENT 3
ATTACHMENT 3
ATTACHMENT 3
DRAWN: KH
DESIGNED: BH
CHECKED/STAMPED:
BARBARA M. HATCH RLA ASLA
DATE: SUBMITTAL
1/28/17 PRELIMINARY
LANDSCAPE PLAN
LANDSCAPE PLAN ALL AREAS DISTURBED DURING CONSTRUCTION WILL BE STABILIZED PRIOR TO
ACCEPTANCE, INCLUDING ANY AREAS ON ADJACENT PROPERTIES WHICH WERE IMPACTED
SCALE: 1" = 20'-0" BY CONSTRUCTION ACTIVITIES.
L1.1
ATTACHMENT 3
Attachment D
Agency Review Comments
ATTACHMENT 3
ATTACHMENT 3
ATTACHMENT 3
ATTACHMENT 3
ATTACHMENT 3
ATTACHMENT 3
ATTACHMENT 3
ATTACHMENT 3
ATTACHMENT 3
ATTACHMENT 3
ATTACHMENT 3
ATTACHMENT 3
ATTACHMENT 3
ATTACHMENT 3
ATTACHMENT 3
ATTACHMENT 3
CITY OF LAKEPORT
City Council
STAFF REPORT
RE: Consideration of Adoption of a Resolution Rescinding MEETING DATE: 8/15/2017
Resolution No. 2546 (2015)
SUBMITTED BY: Douglas Grider, Public Works Director

The City Council is being asked to consider the adoption of a Resolution that will rescind Resolution No. 2546
(2015) which continued the declaration of a Stage 1 Water Emergency and imposed water usage restrictions as
directed by the State of California. The proposed resolution also proposes to continue the Citys water
conservation efforts by extending the prohibition of certain wasteful practices.
In January 2014 Governor Brown declared a state of emergency due to severe drought conditions and in July of
that year the State Water Resources Control Board adopted emergency water conservation regulations intended
to ensure that water suppliers limit outdoor irrigation and other wasteful water practices.
In response to the States actions and in accordance with Lakeport Municipal Code Chapter 13.12, the City Council
adopted Resolution No. 2512 (2014) in September 2014 which formally declared a Stage 1 Water Emergency and
imposed restrictions on non-essential water usage.
In April 2015, due to ongoing drought conditions and a historically low Sierra snowpack measurement, the
Governor signed Executive Order B-29-15, enacting additional statewide mandatory water conservation
requirements. The Executive Order included a requirement that the State Water Resources Control Board
(SWRCB) impose restrictions to achieve a statewide 25% reduction in potable urban water usage through February
28, 2016.
On June 16, 2015, the City Council adopted Resolution No. 2546 (2015) which continued the declaration of the
Stage 1 Water Emergency and implemented new water conservation measures as mandated by the SWRCB. The
Citys water usage restrictions included limiting outdoor irrigation of ornamental landscaping or turf with potable
water to no more than two days per week. The City subsequently adopted an administrative policy that addressed
the investigation and enforcement of the outdoor irrigation restrictions. The restrictions were detailed on the
Citys website and shared via the Citys newsletter and social media outlets.
California received record amounts of rainfall during the winter of 2016/2017 which replenished the water
supplies throughout the State, including Lakeports groundwater supply in Scotts Valley. As a result, the Governor
issued an Executive Order in April 2017 which lifted the drought emergency in most California counties and
rescinded certain drought-related emergency proclamations and executive orders issued in 2014 and 2015. This
Meeting Date: 08/15/2017 Page 1 Agenda Item #VI.B.1.

Executive Order also reiterated the States commitment to long-term water conservation efforts by extending a
prohibition on certain wasteful water usage practices.
The proposed Resolution will rescind Resolution No. 2546 (2015) and formally declare an end to the Stage 1 Water
Emergency. The Resolution also addresses ongoing water conservation efforts by restricting wasteful practices.
The goal of the proposed restrictions is to help make water conservation a way of life in our community.
If the proposed Resolution is adopted, the City will update its website to remove the references to the Water
Emergency and the severe limitations on outdoor irrigation of ornamental landscaping or turf.
OPTIONS:
Adopt the Resolution rescinding Resolution No. 2546 (2015);
Modify and adopt the Resolution; or
Do not adopt the Resolution and continue the actions and restrictions of the Stage 1 Water Emergency.
FISCAL IMPACT:
None $______ Budgeted Item? Yes No
Budget Adjustment Needed? Yes No if yes, amount of appropriation increase:
Comments: Ending the Water Emergency and eliminating the water usage restriction that limited irrigating
outdoor landscaping to no more than two days per week may result in an increase in water use. The Water
Enterprise Fund would benefit from an increase in water usage.
SUGGESTED MOTION:
Move to adopt the Resolution to rescind Resolution No. 2546 and continue the prohibition of certain wasteful
water usage practices.
Attachment: 1. Draft Resolution No._______(2017)

2. State of California Governors Executive Order B-40-17
Meeting Date: 08/15/2017 Page 2 Agenda Item #VI.B.1.

Attachment 1
RESOLUTION NO. _____ (2017)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKEPORT RESCINDING

THE DECLARATION OF A STAGE 1 WATER EMERGENCY AND RELATED WATER
CONSERVATION MEASURES AND RESTRICTIONS
WHEREAS, In 1989 the City Council adopted Ordinance 693 which added Chapter 13.12
to the Lakeport Municipal Code and established a procedure for restricting or prohibiting
demands on the existing water supply and prohibiting non-essential uses of water; and
WHEREAS, on September 2, 2014, the City Council of the City of Lakeport adopted
Resolution No. 2512 (2014) declaring a Stage 1 Water Emergency and Adopted Water
Conservation regulations; and
WHEREAS, on April 1, 2015, the Governor of the State of California issued Executive
Order B-29-15 that, in part, directed the State Water Resources Control Board to impose
restrictions on water suppliers to achieve a statewide 25 percent reduction in potable water
usage through February 28, 2016; and
WHEREAS, on May 5, 2015, the State Water Resources Control Board adopted revisions
to the California Code of Regulations promulgating the Governors Executive Order, including
limiting outdoor irrigation of ornamental landscaping or turf with potable water to no more
than two days per week; and
WHEREAS, on June 16, 2015, the City Council of the City of Lakeport adopted Resolution
No. 2546 (2015) which continued the declaration of a Stage 1 Water Emergency and
implemented new water conservation measures as mandated by the State Water Resources
Control Board; and
WHEREAS, on April 7, 2017, the Governor of the State of California issued Executive
Order B-40-17, which lifted the drought emergency in all California counties except Fresno,
Kings, Tulare and Tuolumne, and rescinded two emergency proclamations from January and
April 2014 and four drought-related executive orders issued in 2014 and 2015; and
WHEREAS, Executive Order B-40-17 states that the orders and provisions contained in
Executive Order B-37-16, Making Water Conservation a California Way of Life, remains in full
force and effect except as modified by Executive Order B-40-17.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKEPORT DOES RESOLVE AS
FOLLOWS:
1. Based on the State of California Governors Executive Order B-40-17, the City Council
hereby rescinds Resolution No. 2546 (2015) and formally declares an end to the
Stage 1 Water Emergency.
2. As directed by the State of California to promote water conservation, the City will
continue to prohibit wasteful water usage practices such as:
(a) Hosing off sidewalks, driveways and other hardscapes;
(b) Washing automobiles, boats, RVs, etc. with hoses not equipped with a shut-
off nozzle;
(c) Using non-recirculated water in a fountain or other decorative water feature;
(d) Watering lawns in a manner that causes runoff, or within 48 hours after
measurable precipitation; and
(e) Irrigating ornamental turf on public street medians.
The foregoing Resolution was passed and adopted at a regular meeting of the City
Council on the 15th day of August, 2017, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINING:
_________________________________
STACEY MATTINA, Mayor
ATTEST:
________________________________
Resolution No. ______ (2017) Page 2

Attachment 2
CITY OF LAKEPORT
City Council
STAFF REPORT
RE: Correction of Gann (Appropriations) Limit Review and Resolution MEETING DATE: 8/15/17
Establishing the Fiscal Year 2017-18 Appropriations Limit
SUBMITTED BY: Nicholas Walker, Finance Director
The City Council is asked to review and approve the corrections to the annual appropriations limit for the City of
Lakeport for the years 2016-17 and 2017-18 and adopt the associated resolution.
BACKGROUND
Fieldwork testing by the Citys independent auditor discovered that the beginning balance of the GANN
calculation, adopted by resolution, on August 16, 2016 contained the same beginning balance as the GANN
calculation prepared for the 2015-16 year. The error understated the calculations. Upon correction the
appropriation limit increased, over the two years by $366,029.
The Gann Spending Limitation Initiative (Article XIII B of the California Constitution) adopted as Proposition 4 in
June 1979 (and subsequently modified by Proposition 111 in June 1990) requires the City to annually adopt a
resolution setting an appropriation limit for the upcoming fiscal year. The Gann Spending Limitation was
intended to provide citizen control of government spending and taxation. The Citys Fiscal Year 2017-18 Budget
was approved by the City Council on June 20, 2017 (Resolution No. 2623 (2017)).
ANALYSIS
California Government Code, Section 7910 (a) "each year the governing body of each local jurisdiction shall, by
resolution, establish its appropriations limit and make other necessary determinations for the following fiscal
year pursuant to Article XIII B of the California Constitution at a regularly scheduled meeting or noticed special
meeting ...."
California Constitution, Article XIIIB. Sec. 1 "The total annual appropriations subject to limitation of the State and
of each local government shall not exceed the appropriations limit of the entity of government for the prior year
adjusted for the change in the cost of living and the change in population , except as otherwise provided in this
article.
The Gann Spending Limitation calculation is attached. This calculation used population and per capita personal
income statistics provided by the California Department of Finance. The establishment of the Fiscal Year 2017-18
Appropriations Limit ("Gann Limit") is necessary to comply with Article XIIIB of the State Constitution. The Gann

166603.1
Limit limits the amount of revenue classified as proceeds of taxes that can be appropriated in any fiscal year by a
government entity. Certain exclusions are allowed including transfers, capital outlay and payments for debt
service. The maximum allowable appropriation of revenues subject to limitations for Fiscal Year 2017-18 is
$11,852,201, and the FY 2017-2018 Budget with the exclusions, referenced above, is within this limit. This
maximum amount increases or decreases each year depending on the percentage change in the per capita
personal income (3.69%) and the percentage change in population (.29%). The California Department of Finance
provides these estimates. For Fiscal Year 2017-18 the budgeted revenues subject to limitation total $4,894,391,
which is 41.30% the maximum allowed.
OPTIONS:
Approve the corrected appropriations limit of $11,852,201 in Fiscal Year 2017-18 and $11,463,663 in Fiscal Year
2016-2017 for the City of Lakeport and authorize the Mayor to sign the associated resolution.
Do not approve the resolution and provide direction to staff.
FISCAL IMPACT:
None $ Budgeted Item? Yes No
Budget Adjustment Needed? Yes No If yes, amount of appropriation increase:
SUGGESTED MOTIONS:
Approve the corrected appropriations limit of $11,852,201 in Fiscal Year 2017-18 and $11,463,663 in Fiscal Year
2016-2017 for the City of Lakeport and adopt the proposed resolution.
1. Proposed Resolution
Attachments:
2. 2016/17 Gann Limit Calculation
3. 2017/18 Gann Limit Calculation

166603.1
ATTACHMENT 1
RESOLUTION NO. xxxx (2017)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKEPORT

CORRECTING THE FISCAL YEAR 2016-2017 AND 2017-18 APPROPRIATIONS LIMIT
FOR THE CITY OF LAKEPORT
WHEREAS, pursuant to California Government Code Section 7910, the City Council must,
by resolution, establish its appropriations limit for each fiscal year.
NOW, THEREFORE, BE IT RESOLVED THAT the appropriations limit for the City of
Lakeport for the 2016-17 Fiscal Year shall be Eleven Million, Four Hundred Sixty-Three
Thousand, Six Hundred Sixty-Three Dollars ($11,463,663) and for the 2017-18 Fiscal Year shall
be Eleven Million, Eight Hundred Fifty Two Thousand, Two Hundred One Dollars ($11,852,201).
This resolution was adopted by the City Council of the City of Lakeport at a regular
meeting thereof on the 15th day of August 2017, by the following vote:
AYES:
NOES:
ABSTAINING:
ABSENT:
___________________________
STACEY MATTINA, MAYOR
ATTEST:
_____________________________
KELLY BUENDIA, City Clerk
City of Lakeport
Resolution No. Page 1

ATTACHMENT 2
Gann Limit Calculation
FY 2016-17
Per Capita Cost of Living Change = 5.37 percent
Population Change (City) = 0.06 percent
Per Capita Cost of Living converted to a ratio: 5.37 + 100 = 1.0537
100
Population converted to a ratio: 0.06 + 100 = 1.0006
100
Calculation of factor for FY 2016-17: 1.0537 x 1.0006 = 1.0543
Appropriations Limit, Fiscal Year 2015-16 $ 10,872,913
($10,537,127 x 1.0319)
FY 2016-17 appropriations subject to Gann Limit
Adopted
FISCAL YEAR 2016-17
Budget
Property Taxes $ 845,290
Sales Taxes 2,054,434
Special Taxes 124,726
State Subventions 150,000
Franchise Taxes 206,000
Business License Taxes 95,000
$ 3,475,450
Percentage Use of Appropriations Limit 30.32%
City of Lakeport
Finance Department K:\Finance\Council Staff Reports\17-18\8-15-17\GANN\Gann Limit Calc 2016 revised
ATTACHMENT 3
Gann Limit Calculation
FY 2017-18
Per Capita Cost of Living Change = 3.69 percent
Population Change (City) = -0.29 percent
Per Capita Cost of Living converted to a ratio: 3.69 + 100 = 1.0369
100
Population converted to a ratio: (.29) + 100 = 0.9971
100
Calculation of factor for FY 2017-18: 1.0369 x 0.9971 = 1.0339
($11,463,663 x 1.0339)
FY 2017-18 appropriations subject to Gann Limit
Adopted
FISCAL YEAR 2017-18
Budget
Property Taxes $ 708,090
Sales Taxes 3,624,000
Special Taxes 169,007
State Subventions 92,294
Franchise Taxes 206,000
Business License Taxes 95,000
$ 4,894,391
Percentage Use of Appropriations Limit 41.30%
City of Lakeport
Finance Department C:\Users\nwalker\Desktop\Gann Limit Calc 2017 revised

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AGENDA

REGULAR MEETING OF THE LAKEPORT CITY COUNCIL

CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov. Code 54956.8);

7/24/2017 5:09:07 PM Page 1 of 7

7/24/2017 5:09:07 PM Page 2 of 7

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7/24/2017 5:09:07 PM Page 4 of 7

7/24/2017 5:09:07 PM Page 5 of 7

7/24/2017 5:09:07 PM Page 6 of 7

Cash Account Count Amount

Transaction Type Count Amount

7/24/2017 5:09:07 PM Page 7 of 7

2. APPROVAL OF MINUTES Committee member Rollins made a motion, seconded by Committee

3. CITIZEN INPUT There was no input offered from the public.

B. Government Budgeting 101 Finance Director Walker gave an introductory instruction on

C. 2017/2018 Calendar The committee reviewed 2017/2018 calendar of meetings and

5. ADJOURN The meeting adjourned at 6:50 p.m.

SUBMITTED BY: Nicholas Walker, Finance Director

PURPOSE OF REPORT: Information only Discussion Action Item

WHAT IS BEING ASKED OF THE CITY COUNCIL/BOARD:

Meeting Date: 08/15/2017 Page 1 Agenda Item #IV.F.

Meeting Date: 08/15/2017 Page 2 Agenda Item #IV.F.

PROFESSIONAL SERVICES AGREEMENT

THIS PROFESSIONAL SERVICES AGREEMENT (Agreement) is entered into by and

3.3 Commencement Date: July 1, 2017.

3.4 Expiration Date: June 30, 2018.

8. OWNERSHIP OF WRITTEN PRODUCTS

All data, documents, discussion, or other information developed or received by Consultant

11.5 Consultant agrees to obtain executed indemnity agreements with provisions

12.1.3 Workers Compensation insurance as required by the laws of the State of

Agreement shall contain an endorsement providing that the policies cannot be

12.11 Procurement of insurance by Consultant shall not be construed as a limitation of

12.13.2 Policies containing any SIR provision shall provide or be endorsed to

13. MUTUAL COOPERATION

14. RECORDS AND INSPECTIONS

15. PERMITS AND APPROVALS

City of Lakeport Trena Pauly

With courtesy copy to:

David J. Ruderman, Esq.

420 Sierra College Drive, Suite 140

17. SURVIVING COVENANTS

18.2 If City terminates this Agreement due to no fault or failure of performance by

19. GENERAL PROVISIONS

By: __________________________ By:______________________________

Date: _______________ Date: __________________

Network Administration: security and maintenance, server administration back up,

Invoices are to be submitted to:

SUBMITTED BY: Kevin M. Ingram, Community Development Director

PURPOSE OF REPORT: Information only Discussion Action Item

WHAT IS BEING ASKED OF THE CITY COUNCIL/BOARD:

Meeting Date: 08/15/2017 Page 1 Agenda Item #VI.A.1.

3. has no value as habitat for endangered, rare or threatened species;

Meeting Date: 08/15/2017 Page 2 Agenda Item #VI.A.1.

5. can be adequately served by all required utilities and public services.

Meeting Date: 08/15/2017 Page 3 Agenda Item #VI.A.1.

Meeting Date: 08/15/2017 Page 4 Agenda Item #VI.A.1.

LAKEPORT PLANNING COMMISSION MEETING

Dollar General / Cross Development - AR 17-02 & CE 17-04

Community Development Director Ingram stated he wanted to highlight the

Commissioner Green asked the applicant if they would be open to amending

Public hearing closed at 6:57 p.m.

back for review to different agencies which would be a minimum 30 days, an

Nancy Ruzicka reiterated her aesthetic concerns regarding the inappropriateness of

By: By:____

Date: _ Date: ____