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AGENDA

REGULAR MEETING OF THE LAKEPORT CITY COUNCIL


(ALSO MEETS AS THE CITY OF LAKEPORT MUNICIPAL SEWER DISTRICT, THE LAKEPORT INDUSTRIAL
DEVELOPMENT AUTHORITY, THE MUNICIPAL FINANCING AGENCY OF LAKEPORT and THE SUCCESOR
AGENCY TO THE LAKEPORT REDEVELOPMENT AGENCY)
Tuesday, September 19, 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 September 5, 2017.
C. Notice of Completion: Adopt the proposed resolution accepting construction of the Giselman Street
Waterline Replacement Project, Bid 17-01 by Green Right OWay Constructors,
Inc., and authorize the filing of the Notice of Completion.
D. Application 2017-029: Approve Application No. 2017-029 with staff recommendations for the Konocti
Challenge Bicycling event to take place on City streets October 7, 2017.
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 Certificates of Appreciation for the sponsors of the 2017 National
Night Out event.
VI. COUNCIL BUSINESS:
A. Community Development Director:
1. Lakefront Revitalization Plan: Adopt the proposed resolution approving the Lakeport Lakefront Revitalization
Plan.
2. Solar Options: Authorize the City Manager to negotiate and execute a Program Development
Agreement with OpTerra Energy Services for an amount not to exceed $25,000,
subject to legal review.
B. Finance Director
1. Bond Refinancing: Adopt the proposed resolution authorizing the City Manager and Finance
Director to work with the financing team to refinance the Prior Bonds by issuing
wastewater revenue refunding bonds with a principal amount of approximately
$3,000,000.
C. Administrative Services Director
1. Background Investigators: Approve and authorize the City Manager to execute the proposed professional
services agreements with James Bauman dba Pacific Quest Investigations; Gary
City Council Agenda of September 19, 2017 Page 2

R. Buchholz dba LACO Investigation; Cline Investigations, LLC; and Bob Nishiyama
Investigations.
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, September 5, 2017
City Council Chambers, 225 Park Street, Lakeport, California 95453

CLOSED SESSION: Mayor Mattina called the meeting to order at 5:16 p.m.
Mayor Mattina adjourned the meeting to Closed Session at 5:16 p.m. to
consider:

1. 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 Employees Association (LEA) and the Unrepresented
Management (UM) group.
REPORT OUT OF CLOSED SESSION: Mayor Mattina advised there was no reportable action taken out of closed
session.
I. CALL TO ORDER & ROLL CALL: Mayor Mattina called the meeting to order at 6:05 p.m. Council Member Barnes,
Council Member Parlet, Council Member Spurr, and Council Member Turner
were present.
MOMENT OF SILENCE: Mayor Mattina requested that meeting attendees observe a moment of silence
for Lake County Deputy Rob Rumfelt, who passed away on August 22, 2017.
II. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Mayor Mattina.
III. ACCEPTANCE OF AGENDA: A motion was made by Council Member Parlet, seconded by Council Member
Barnes, and unanimously carried by voice vote to accept agenda as posted.
Urgency Items: There were no urgency items.
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 August 15, 2017.
C. Warrants: Approve the warrant register of August 23, 2017.
D. New Classification: Approve a new classification for a Permit Technician with a salary range 38
earning $3,208 to $4,065 per month.
Vote on Consent Agenda: A motion was made by Council Member Parlet, seconded by Council Member
Turner, and unanimously carried by voice vote to accept the consent agenda,
items A-D.
V. PUBLIC PRESENTATIONS/REQUESTS:
A. Citizen Input:
B. Employee Introduction: Chief Rasmussen introduced the newest Lakeport Police Department employee,
Police Officer Kaylene Strugnell.
VI. COUNCIL BUSINESS:
A. Public Works Director
1. Bid Award: The staff report was presented by Public Works Director Grider.
A motion was made by Council Member Turner, seconded by Council Member
Barnes, and unanimously carried by voice vote to authorize the replacement of
City Council Minutes of September 5, 2017 Page 2

the 8 well pump and award the contract to Valley Pump & Motor Works, as
described in the bid package.
2. Informal Bid Award: The staff report was presented by Public Works Director Grider.
A motion was made by Council Member Parlet, seconded by Council Member
Turner, and unanimously carried by voice vote to authorize staff to proceed with
an informal bidding process to replace the failing HVAC system at the
Corporation Yard Office, and authorize a budget adjustment not to exceed
$20,000.00.
3. Sewer Pump Replacement: The staff report was presented by Public Works Director Grider.
A motion was made by Council Member Turner, seconded by Council Member
Barnes, and unanimously carried by voice vote to authorize the purchase of a
new 45 HP Flygt Submersible Pump pursuant to the quoted amount and
authorize the City Manager to sign the purchase order.
4. Contract Change Orders: The staff report was presented by Public Works Director Grider.
A motion was made by Council Member Parlet, seconded by Council Member
Spurr, and unanimously carried by voice vote to authorize the City Manager to
sign Contract Change Orders No. 3, No. 4, and No. 5 with Green Right OWay
Constructors, Inc. for the additional work on the Giselman Waterline
Replacement Project.
B. City Manager
1. 2017 League of California Cities The staff report was presented by City Manager Silveira and Chief Rasmussen.
Annual Conference
Resolutions: A motion was made by Council Member Spurr, seconded by Council Member
Parlet, and unanimously carried by voice vote to direct the City of Lakeport's
voting delegate to the League of California Cities Annual Conference to support
the two (2) Resolutions provided in the Annual Conference Packet.
VII. CITY COUNCIL COMMUNICATIONS:
A. Miscellaneous Reports, if any: City Manager Silveira reported that Kevin Ingram has been appointed to the
Assistant City Manager assignment. Doug Grider will be Acting City Manager
next week in City Manager Silveira's absence.
City Attorney Ruderman reported he will be attending the League Conference.
Public Works Director Grider had no report.
Finance Director Walker had no report.
Administrative Services Director Buendia reported she will be attending a Risk
Management Conference next week.
Police Chief Rasmussen had no report.
Community Development Director Ingram had no report.
Council Member Barnes had no report.
Council Member Spurr had no report.
Council Member Turner had no report.
Council Member Parlet reported he is looking forward to the League Conference.
Mayor Mattina and Council Member Parlet attended the Lake County Economic
Outlook & Forecast II meeting, held August 23, 2017.
VIII. ADJOURNMENT: Mayor Mattina adjourned the meeting at 6:43 p.m.
City Council Minutes of September 5, 2017 Page 3

_______________________________________
Stacey Mattina, Mayor
Attest:

___________________________________________
Kelly Buendia, City Clerk
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: Notice of Completion for Giselman St Waterline Replacement MEETING DATE: 9/19/2017

SUBMITTED BY: Douglas Grider, Public Works Director

PURPOSE OF REPORT: Information only Discussion Action Item

WHAT IS BEING ASKED OF THE CITY COUNCIL/BOARD:


The City Council is being asked to adopt a resolution accepting the Giselman Street Waterline Replacement
Project, Bid 17-01, as complete and authorize the City Manager to file a Notice of Completion.

BACKGROUND/DISCUSSION:

On May 2, 2017, the City Council awarded a Construction Contract to Green Right OWay Constructors, Inc., for
the Giselman Street Waterline Replacement Project, Bid 17-01, in the amount of $393,068.00.

The City of Lakeport Public Works Department has reviewed the project and determined that it has been
completed in substantial compliance with the project plans and specifications. The total cost of the construction
contract came out to $447,469.92. There was $58,605.37 in contract change orders issued to install additional
fire hydrants to meet fire code requirements, replace all water services to each residence on Giselman and tie in
the water main at Sayre St to completely replace all water lines before the new pavement is placed.

OPTIONS:
No other options recommended

FISCAL IMPACT:
None $ 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:

SUGGESTED MOTIONS:
Move to adopt the proposed resolution accepting construction of the Giselman Street Waterline Replacement
Project, Bid 17-01 by Green Right OWay Constructors, Inc., and authorize the filing of the Notice of Completion.

Attachments: 1. Resolution
2. Notice of Completion

Meeting Date: 09/19/2017 Page 1 Agenda Item #IV.C.


ATTACHMENT 1

RESOLUTION NO. ___ ( 2017 )

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKEPORT ACCEPTING


CONSTRUCTION OF THE GISELMAN STREET WATERLINE REPLACEMENT PROJECT, BID NO.
17-01, AND AUTHORIZING THE FILING OF THE NOTICE OF COMPLETION

WHEREAS, the final inspection of the Giselman Waterline Replacement Project, Bid No 17-01, was made by the
City of Lakeports Public Works Department; and

WHEREAS, it was determined that the work for this project has been completed in substantial compliance with the
project plans and specifications.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LAKEPORT AS


FOLLOWS:

1. The City Council hereby accepts the work as completed on the Giselman Waterline Replacement
Project, Bid No 17-01.

2. The City Manager is authorized and directed to execute the Notice of Completion to be filed with
the County of Lake.

The foregoing Resolution was adopted at a regular meeting of the City Council of the City of Lakeport held on the
on the 19th day of September, 2017 by the following vote:

AYES:
NOES:
ABSTAIN:
ABSENT:

APPROVED:

_______________________________
Stacy Mattina, Mayor
City of Lakeport
ATTEST:

_________________________________
Kelly Buendia, City Clerk
City of Lakeport
ATTACHMENT 2

RECORDING REQUESTED BY

AND WHEN RECORDED MAIL THIS DEED,


UNLESS OTHERWISE SHOWN BELOW.
MAIL TAX STATEMENTS TO:

City of Lakeport
225 Park St
Lakeport, CA 95453
Attn: Olivia Grupp

SPACE ABOVE THIS LINE FOR RECORDERS USE

Notice of Completion
NOTICE is hereby given that:
1. The Undersigned is owner of the interest stated below in the property hereinafter described:
2. The NAME (including that of the undersigned), ADDRESS and NATURE OF TITLE of every person owning any
interest in such property is as follows:
City of Lakeport 225 Park Street , Lakeport, CA 95453 Fee Simple

(NAME OF UNDERSIGNED)
3. The names and addresses of the transferors of the undersigned owner: (to be shown if the undersigned is a
successor in interest of the owner who caused the improvement to be constructed, etc.)

4. A work of improvement on the property hereinafter described was COMPLETED ON 8/11/2017

5. The name of the CONTRACTOR for such work of improvement was Green Right O Way

(If no Contractor, insert NONE


6. The property on which said work of improvement was completed is in the City of Lakeport ,
county of Lake State of California, and is described as follows: Construction of new water main,
water laterals and fire hydrants

7. The street address of said property is: Giselman St, Lakeport, CA

Dated: September 19, 2017


Signature of
Owner or Owners }
Margaret Silveira, City Manager

Verification for NON-INDIVIDUAL owner: I, the undersigned, declare under penalty of perjury under the laws of the State
of California that I am the City Manager of the aforesaid interest or estate in
(PRESIDENT, PARTNER, MANAGER, AGENT, ETC.
the property described in the above notice; that I have read the said notice, that I know and understand the contents
thereof, and that the facts stated therein are true and correct.
September 19, 2017
Date and Place (Signature of person signing on behalf of owner))

4D.2 Notice of Completion


09/08/2017 2017-029
09/19/2017

20 MILES
Ride starts from Rest Stop 8.

REST STOPS
Womens Civic Club
Hendricks Road, Scotts Valley

Skylark Shores Resort


Lakeport

RIDE DIRECTOR:
(707) 349-0815
Lakeport Rotary Club Presents
Konocti Challenge 20 Mile Route

Welcome to the Annual Konocti Challenge! For your safety and enhanced enjoyment, we
ask that you follow these simple rules of the road. WEAR YOUR HELMET, it is
mandatory. Please signal all turns and stop at all stop signs and red lights. Please ride
single file at all times. Relax and enjoy your ride around beautiful Big Valley.

0.0 Leaving Skylark Shores Resort turn 14.8 Right at Scotts Valley Road
Right onto Main Street (0.8 mi. to next turn)
(0.1 mi. to next turn)
15.6 Veer Right at Scotts Valley Road
0.1 Left at Clearlake Avenue (0.8 mi. to next turn)

(0.1 mi. to next turn) 16.4 Right at Riggs Road


(1.0 mi. to next turn)
0.2 Right onto High Street. High Street
becomes Lakeshore Blvd and winds along 17.4 Left at Martin (Riggs Rd turns into
lake. Martin Street).
(4.2 mi to next turn) (2.2 mi. to next turn)

4.5 Left at Hill Road 19.6 Left onto Main Street


(0.5 mi to next turn) (0.1 mi to next turn)

5.0 Continue Right on Hill Road 19.7 Right onto 1st Street
(3.1 mi. to next turn) (0.1 mi to next turn)

8.1 Right at Hill Road East 19.8 Left onto Park Street
(0.2 mi. to next turn) (0.1 mi to next turn)

8.3 Right at Scotts Valley Road 19.9 Right onto 3rd with immediate left
(3.7 mi. to next turn) thru parking lot (0.1 mi to next turn)

12.0 Left at Hendricks Road 20.0 Left onto 5th Street


(2.6 mi. to Rest Stop) (0.1 mi to next turn)

20.1 Right onto Main Street


14.6 REST STOP @ Womens Civic (0.2 mi to finish)
Club CLOSES at 2PM
(5.7 mi. to Finish) Arrive at Skylark Shores Resort!

14.6 Continue South on Hendricks Road


(0.2 mi. to next turn)


40 MILES
Ride starts from Rest Stop 8.

REST STOPS
Kelseyville County Park
State Street, Kelseyville

Womens Civic Club


Hendricks Road, Scotts Valley

Skylark Shores Resort


Lakeport

RIDE DIRECTOR:
(707) 349-0815


Lakeport Rotary Club Presents
Konocti Challenge 39 Mile Route
Welcome to the Annual Konocti Challenge! For your safety and enhanced enjoyment, we
ask that you follow these simple rules of the road. WEAR YOUR HELMET, it is
mandatory. Please signal all turns and stop at all stop signs and red lights. Please ride
single file at all times. Relax and enjoy your ride around beautiful Lake County.

0.0 Leaving Skylark Shores Resort turn Right on Main 26.7 Right at Clark Drive
(0.1 mi. to next turn) (2.1 mi. to next turn)

0.1 Left at Clearlake Avenue 28.8 Left at Gaddy Lane


(0.1 mi. to next turn) (0.6 mi. to next turn)
29.4 Left at State Street
0.2 Right onto High Street. High Street becomes (0.4 mi to next turn)
Lakeshore Blvd and winds along lake.
(4.3 mi. to next turn)
29.8 REST STOP @ Kelseyville County Park
CLOSES at 5PM (9.3 mi. to Finish)
4.5 Left at Hill Road
(0.5 mi. to next turn)
29.8 Continue Left on State Street.
5.0 Continue Right on Hill Road (0.1 mi. to next turn)
(3.1 mi. to next turn)
29.9 Right at Main Street
8.1 Right at Hill Road East (0.8 mi. to intersection)
(0.2 mi. to next turn)
30.7 Continue thru intersection onto Big Valley Rd
8.3 Right at Scotts Valley Road (0.5 mi. to next turn)
(3.7 mi. to next turn)
31.2 Continue thru intersection onto Finley East Rd
12 Left at Hendricks Road (2.7 mi. to next turn)
(2.6 mi. to Rest Stop)
33.9 Left at Stone Drive
14.6 REST STOP @ Womens Civic Club (0.1 mi. to next turn)
CLOSES at 2PM (15.2 mi. to next Rest Stop)
34 Right onto Big Valley Road
14.6 Continue South on Hendricks Road (1.6 mi. to next turn)
(0.2 mi. to next turn)
35.6 Left at Soda Bay Road. Just past sharp right corner,
14.8 Right at Scotts Valley Road Soda Bay turns into Main Street
(0.8 mi. to next turn) (2.9 mi. to next turn)

15.6 Veer Right at Scotts Valley Road 38.5 Right at 1st Street (0.1 mi to next turn)
(0.8 mi. to next turn)
38.6 Left at Park Street (0.1 mi to next turn)
16.4 Right at Riggs Road
(1.0 mi. to next turn) 38.7 Right on 3rd Street then immediate left through
parking lot
17.4 Left at Martin (Riggs Rd turns into Martin Street). (0.1 mi to next turn)
(2.2 mi. to next turn)
38.8 Left at 5th Street (0.1 mi. to next turn)
19.6 Right at Main Street, Lakeport. Turns into Soda Bay
Road. Stay on Soda Bay Road 38.9 Right onto Main Street (0.2 miles to finish)
(6.3 mi. to next turn)
Finish at Skylark Shores Resort! ...................... 39 Miles!!
25.9 At Stop Sign, continue left on Soda Bay Road
(0.8 mi. to next turn)


65 MILES
METRIC CENTURY
Ride starts from Rest Stop 8.

REST STOPS
Indian Beach Resort
Highway 20, Clearlake Oaks
Anderson Marsh State Park
Highway 53, Lower Lake
Pt. Lakeview and
Soda Bay Road
Clearlake Riviera
Kelseyville County Park
State Street, Kelseyville
Skylark Shores Resort
Lakeport

RESTROOMS
Nice
Small park on right
Lucerne RIDE DIRECTOR:
Boat launch on right
Clearlake
(707) 349-0815
Austin Park on left
Lakeport Rotary Club Presents
Konocti Challenge 65 Mile Route
Welcome to the Annual Konocti Challenge! For your safety and enhanced enjoyment,
we ask that you follow these simple rules of the road. WEAR YOUR HELMET, it is
mandatory. Please signal all turns and stop at all stop signs and red lights. Please
ride single file at all times. Relax and enjoy your ride beautiful Clear Lake.

0.0 Leaving Skylark Resort turn Right onto Main St.


(0.1 mi. to next turn) 46.3 REST STOP @ Point Lakeview Rd. & Soda
Bay Rd. CLOSES at 4PM
0.1 Left at Clearlake Avenue. (0.1 mi. to next turn) (11.8 mi. to next Rest Stop)

0.2 Right onto High Street. High St. becomes Lakeshore 46.3 Continue Right at Soda Bay Rd.
Blvd. and winds along the lake. (5.3 mi. to next turn) (4.9 mi. to next turn)

5.5 Right at Nice/Lucerne Cut-Off. 51.2 Bear left at Stop Sign continue on Soda Bay Rd.
(2.2 mi. to next turn) (3.9 mi. to next turn)

7.7 Right at Lakeshore Blvd. Extension. 55.1 Left at Clark Drive (2.0 mi. to next turn)
(Immediate right turn) .
57.1 Left at Gaddy Lane (0.6 mi to next turn)
7.7 Right at Lakeshore Blvd. (2.8 mi. to next turn)
57.7 Left at State Street (0.4 mi to Rest Stop)
9.0 Keeling Park. REST ROOMS

10.5 Right at Hwy. 20 (10.3 mi to Rest Stop) 58.1 REST STOP @ Kelseyville County Park
CLOSES at 5PM (9.3 mi. to Finish)

20.8 REST STOP @ Indian Beach Resort 58.1 Continue Left on State Street
CLOSES at 12PM (16.2 mi. to next Rest Stop) (0.1 mi to next turn)

20.8 Continue on East Hwy. 20 (4.9 mi. to next turn) 58.2 Right at Main Street (0.9 mi to intersection)

25.7 Right at Sulphur Bank Rd. (6.1 mi. to next turn) 59.1 Continue thru intersection onto Big Valley Rd
(0.5 mi to next intersection)
31.8 Straight (on Arrowhead) after Stop Sign.
(0.4 mi. to next turn) 59.6 Continue thru intersection onto Finley East Rd
(2.7 mi to next turn)
32.2 Right at Park Street (0.1 mi. to next turn).
62.3 Left onto Stone Drive (0.1 mi to next turn)
32.3 Straight (onto Lakeshore) after Stop Sign.
(2.1 mi. to next turn) 62.4 Right onto Big Valley Rd (1.6 mi to next turn)

33.0 Austin Park. REST ROOMS 64.0 Left at Soda Bay Rd. Just past sharp corner it turns
into Main Street (2.9 mi to next turn)
34.4 Right at Old Hwy. 53 (1.7 mi. to next turn)
66.9 Right at 1st Street (0.1 mi to next turn)
36.1 Right at Hwy. 53 (0.9 mi. to Rest Stop)
67.0 Left at Park (0.1 mi to next turn)

37.0 REST STOP @ Anderson Marsh State Park- 67.1 Right on 3rd Street then immediate Left thru parking
CLOSES at 1:30PM (9.3 mi. to next Rest Stop) lot Left on 5th Street (0.1 mi to next turn)

67.2 Right on Main Street (0.2 mi to finish)


37.0 Continue south on Hwy. 53 (0.6 mi. to next turn)
Finish at Skylark Shores! .. 67.4 MILES
37.6 Right at Hwy. 29 in Lower Lake.
(1.8 mi. to next turn)

39.4 Right at Point Lakeview Rd. (6.9 mi. to next turn)


100 MILES
Ride starts from Rest Stop 8.

REST STOPS
Indian Beach Resort
Highway 20, Clearlake Oaks
Anderson Marsh State Park
Highway 53, Lower Lake
Middletown County Park
Wardlaw Street, Middletown
Yogi Bear Beaver Creek
Bottle Rock Road, Cobb
Pt. Lakeview & Soda Bay Road
Clearlake Riviera
Kelseyville County Park
State Street, Kelseyville
Skylark Shores Resort RIDE DIRECTOR:
Lakeport
(707) 349-0815
RESTROOMS
Nice, Small park on right
Lucerne, Boat launch on right
Clearlake, Austin Park on left

Lakeport Rotary Club Presents
Konocti Challenge 100 Mile Route
Welcome to the Annual Konocti Challenge! For your safety and enhanced enjoyment, we ask that you follow these simple rules of the
road. WEAR YOUR HELMET, it is mandatory. Please signal all turns and stop at all stop signs and red lights. Please ride
single file at all times. Relax and enjoy your ride around beautiful Clear Lake.

0.0 Leaving Skylark Shores turn 37.0 Continue South on Hwy 53


37.0 REST STOP @ Anderson Marsh
Right on Main St. thru stoplight intersection 81.3 Continue North on Soda Bay
State Park (16.6 mi. to next Rest Stop)
(0.1 mi. to next turn) (0.5 mi to next turn) (4.9 mi. to next turn)
** CLOSES AT 1:30PM **
0.1 Left at Clearlake Ave. 37.0 Continue South on Hwy 53 86.6 Veer Left at Stop Sign.
(0.1 mi. to next turn) thru Stoplight Intersection (3.9 mi. to next turn)
(0.5 mi to next turn)
0.2 Right onto High Street. High St. 37.5 Left on Clayton Creek in 90.1 Left at Clark Dr.
becomes Lakeshore Blvd. and winds Lower Lake (1.1 mi. to next turn) (2.0 mi. to next turn)
along the lake. (5.3 mi. to next turn)
38.6 Left at Spruce Grove Road. 92.1. Left at Gaddy Lane
5.5 Right at Nice/Lucerne Cut-Off. (8.9 mi. to next turn) (0.6 mi. to next turn)
(2.2 mi. to next turn)
47.5 Left at Hwy 29 92.7 Left at State St.
7.7 Right at Lakeshore Blvd. Ext. (6.0 mi. to next turn) (0.4 mi. to REST STOP)
(Immediate right turn)
53.5 Right at Wardlaw
(0.1 mi to REST STOP) 93.1 REST STOP @ Kelseyville Park
7.7 Right at Lakeshore Blvd.
(8.4 mi. to finish)
(2.8 mi. to next turn)
** CLOSES AT 5PM **
53.6 REST STOP @ Middletown
9.0 Keeling Park. REST ROOMS County Park (11.8 mi. to next stop)
**CLOSES AT 1:30PM ** 93.1 Left onto State Street.
10.5 Right at Hwy. 20 (0.1 mi. to next turn)
(10.3 mi to Rest Stop)
53.6 Left at Barnes Street 93.2 Right at Main Street thru
20.8 REST STOP @ Indian Beach (0.2 mi to next turn) downtown Kelseyville
Resort (15.9 mi. to next Rest Stop) (0.9 mi. to intersection)
**CLOSES AT 12pm** 53.8 Right at Hwy 175
20.8 Continue on East Hwy. 20 (8.3 mi to next turn) 94.1 Continue straight thru
(4.9 mi. to next turn) intersection onto Big Valley Rd
62.1 Left at Bottle Rock Road (0.5 mi. to next turn)
25.7 Right at Sulphur Bank Rd. (3.3 mi to REST STOP)
(6.1 mi. to next turn) 94.6 Left continuing on Big Valley
65.4 REST STOP @ Beaver Creek Rd
31.8 Straight (on Arrowhead) after Campground (15.9 mi. to next Rest Stop) (3.7 mi. to next turn)
Stop Sign. (0.4 mi. to next turn) ** CLOSES AT 3PM **
98.3 Left at Soda Bay Road which
32.2 Right at Park Street. 65.4 Continue North on Bottlerock turns into Main Street
(0.1 mi. to next turn) (7.5 mi. to next turn) (2.9 mi. to next turn)

32.3 Straight (onto Lakeshore) after 72.9 Right at Hwy. 29 101.2 Right at First Street.
Stop Sign. (2.1 mi. to next turn) (1.3 mi. to next turn) (.01 mi. to next turn)

33.0 Austin Park. REST ROOMS 74.2 Right at Hwy. 175 101.3 Left at Park Street
(3.1 mi. to next turn) (0.2 mi. to finish)
34.4 Right at Old Hwy. 53
(1.7 mi. to next turn) 77.3 Left at Red Hills Rd.
(2.1 mi. to next turn) Finish at the Skylark! ........ 101.5 mi
36.1 Right at Hwy. 53
(0.9 mi. to Rest Stop) 79.4 Straight at Red Hills Rd/
Hwy 29 - becomes Soda Bay Rd. ** Please check in at the Skylark and
(1.9mi to Rest Stop) enjoy your meal!!

81.3 REST STOP @ Point Lakeview &


Soda Bay Rd. (11.8 mi. to next Rest Stop)
** CLOSES AT 4PM **
From: Mark Wall
To: Hilary Britton
Subject: RE: Application 2017-029 - 2017 Konocti Challenge
Date: Wednesday, September 13, 2017 4:56:58 PM
Attachments: image002.png

No concerns.

Mark Wall
General Manager
Lake Transit Authority
(707) 263-7868
(559) 280-0696 Mobile

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


Sent: Wednesday, September 13, 2017 4:50 PM
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: FW: Application 2017-029 - 2017 Konocti Challenge

Hi all,

I am resending the attached application 2017-029 029 for the 2017 Konocti Challenge event, for
your review and comments. I had sent it out last week and received no comments back.

We would like to submit this for City Council approval at the 09/19/2017 meeting, so please have
your comments back to me by Friday morning 09/15/2017.

Thank you in advance for your input.

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

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: Review and adoption of the Lakeport Lakefront Revitalization MEETING DATE: 9/19/2017
Plan (OA 17-02)
Kevin M. Ingram, Community Development Director
SUBMITTED BY:

PURPOSE OF REPORT: Information only Discussion Action Item

WHAT IS BEING ASKED OF THE CITY COUNCIL/BOARD:


The City Council is being asked to review and consider the adoption of the Lakeport Lakefront Revitalization
Plan.

BACKGROUND/DISCUSSION:
The primary study area for the Lakeport Lakefront Revitalization Plan includes public and private property along
the lakefront between Clear Lake Avenue to the north and C Street to the south. Although not focused upon the
historic downtown area the Plan does analyze the importance of strengthening the connectivity between both
the downtown area and the lakefront. Previous planning efforts developed a vision for the lakefront area by
identifying potential areas for redevelopment and reinvestment. However, with current economic limitations and
no redevelopment agencies that could provide incentives, the ability to attract reinvestment has been challenging.
Understanding that resources for implementation are limited and more likely to occur in an incremental fashion
this Plan breaks the lakefront area down into specialized defined areas outlining flexible and realistic
implementation recommendations aimed at developing the communitys vision for this important area.
On December 10, 2015, the City of Lakeport, with a combination of local funding and a grant from the California
Department of Housing and Community Development (CDBG), distributed a Request for Proposal for the
Lakeport Lakefront Revitalization Plan. Following review, the City selected Design Workshop to prepare the plan.
Design Workshop together with the City of Lakeport held a number of public meetings and outreach to gather
public input. From initial public outreach efforts, Design Workshop prepared four alternative maps that further
assisted the community in outlining its collective vision for the project area. This input was then ultimately aided
in the development of the key priorities and final implementation recommendations contained in Sections 3.9
and 4.0 of the Plan.

Lakeport Lakefront Revitalization Plan Contents


The Lakeport Lakefront Revitalization Plan includes the following sections:
1. Introduction: This chapter provides an overview of the contents, the project area, project purpose and
process.
2. Existing Information & Site Analysis: This chapter provides a summary of existing studies, public input and
the studies prepared for this plan. Those studies included a Real Estate and Market Assessment
prepared by BAE Urban Economics and an Environmental Assessment prepared by Rincon Consultants.

Meeting Date: 09/17/2017 Page 1 Agenda Item #VI.A.1.


This section concludes with a presentation of design concepts from other communities where waterfront
revitalization has been successful and identifies types of improvements and development tools that may
be relevant to Lakeport.
3. Preliminary Concepts: This chapter provides an overview of preliminary concepts based on Design
Workshops preliminary analysis, and the four alternative maps (Alternative 1, 2, 3, & 3A) reviewed by the
general public in the summer of 2016. This chapter also evaluates public responses which helped define
the preferred alternative and develop a list of key priorities of proposed development in the plan. This
chapter also evaluates the economic feasibility of a large hotel at three sites in the planning area.
4. Final Recommendation and Implementation: The chapter includes the implementation tools for
developing those projects identified in the plan. Short and long-term recommendations are provided for
nine (9) specific areas of the lakefront
Promenade
Resort Enhancement Zone
Multi-Use/ Event Space Revitalization Zone (Natural High & Dutch Harbor properties)
Special Commercial Development Zone (Property between Fourth & Fifth Streets)
Public Launch and Parking Area
Lakefront Commercial Zone
Library Park
Willow Point / C Street Revitalization Zone
Main Street Business District
5. Appendix: This chapter includes a summary of public meeting and survey results. A Market Assessment
report prepared by BAE Urban Economics and an Environmental Resource Constraints Analysis
prepared by Rincon Consultants.

Public Participation and Review of Lakeport Lakefront Revitalization Plan


As part of the work effort to update the Lakeport Lakefront Revitalization Plan, consultants from Design Workshop
organized a number of public outreach meetings that included the following:
On May 11, 2016 a preliminary meetings were held that included a business stakeholders meeting, a City
and public agency meeting and a stakeholder outreach meeting. All of these workshops were to provide
a general overview of the lakefront area, as well as gather ideas and input from the public.
On July 8, 2016 public forum was held to identifying the four alternative maps, and get public input on the
various alternatives. At this time, the City loaded the four alternative maps on the Citys website. In
addition, the City, with the permission of the property owner, placed the four alternative maps in the
front window of a commercial building at the corner of North Main Street and Third Street in the
downtown area.
From July 8, 2016 to August 22, 2016, an online survey was created identifying the four alternative maps
and a questionnaire seeking more public input.
On September 28, 2016, Planning Staff presented the four alternative maps and related information of
the plan to a number of classes at Clearlake High School.
On July 14, 2017, Planning Staff loaded the Draft Lakeport Lakefront Revitalization Plan on the Citys
website and had a copy available for review at City Hall.

PLANNING COMMISSION REVIEW (August 9, 2017)


On August 9, 2017 the Planning Commission held a public meeting where the Draft Lakeport Lakefront
Revitalization Plan was presented to the general public. Design Workshop and Community Development staff
provided an overview of the Plan, specifically focusing on the Final Recommendation and Implementation section
of the plan. Following the conclusion of the public meeting the Lakeport Planning Commission made a formal
recommendation that the City Council adopt the Lakeport Lakefront Revitalization Plan. The only recommended
Meeting Date: 09/17/2017 Page 2 Agenda Item #VI.A.1.
change made by the Planning Commission was to expand the boundary of the Special Commercial Development
Zone to the north to include three additional properties along Main Street (500, 610 and 650 North Main Street).
This change has been incorporated into the final Plan and is shown on Page 53.
Following City Council adoption of the Lakeport Lakefront Revitalization Plan, staff plans to immediately begin
work on some of the recommended implementation measures, most notably those recommendations involving
land use designation changes and possible revisions to the Zoning Ordinance.

ENVIRONMENTAL REVIEW
Under Section 15262, Statutory Exemptions of the California Environmental Quality Act (CEQA), feasibility and
planning studies for future actions which the agency, board or commission has not approved, adopted, or funded
does not require the preparation of an EIR or a Negative Declaration. The implementation of specific projects
outlined in this plan would be subject to individual review under CEQA.

OPTIONS:
1. Adopt the proposed resolution and approve the Lakeport Lakefront Revitalization Plan.

2. Direct staff to make modifications or revisions to the proposed plan.

3. Take no action or take action to deny the proposed plan. Alternatively, the City Council could provide other
direction.

FISCAL IMPACT:
None $ 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:

SUGGESTED MOTION:
Move to adopt the proposed resolution approving the Lakeport Lakefront Revitalization Plan.

Attachments: 1. Resolution
2. Draft Lakeport Lakefront Revitalization Plan

Meeting Date: 09/17/2017 Page 3 Agenda Item #VI.A.1.


ATTACHMENT 1

RESOLUTION NO. ______ (2017)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKEPORT


ADOPTING THE LAKEPORT LAKEFRONT REVITALIZATION PLAN

WHEREAS, the lakefront area plays a critical role in the Citys social and economic
identity, for both its residents and visitors alike; and

WHEREAS, in 2015 the City of Lakeport received a Community Development Block Grant
(CDBG) to conduct a planning effort aimed at identifying opportunities to improve the lakefront
area physically, environmentally, economically and socially; and

WHEREAS, the City of Lakeport determined existing lakefront plans did not adequately
address the current needs of the downtown lakefront properties in the city and requested a
new lakefront revitalization plan that develops a roadmap for future development, economic
development and overall vitality of the downtown community; and

WHEREAS, the City of Lakeport retained a professional consultant, Design Workshop, to


review previous lakefront planning efforts, conduct studies necessary to understand current
economic and environmental issues, engage the general public in a meaningful way to ensure
that the plan represents the collective vision of the citizens and community leaders of Lakeport;
and

WHEREAS, the Lakeport Lakefront Revitalization Plan is consistent with the Lakeport
General Plan, specifically the Land Use, Economic Development and Community Design
Elements; and

WHEREAS, the City of Lakeport Planning Commission has conducted a public hearing
(August 9, 2017) and made a recommendation to the City Council to adopt the proposed
Lakeport Lakefront Revitalization Plan; and

WHEREAS, in accordance with Section 15262, Statutory Exemptions of the California


Environmental Quality Act (CEQA), feasibility and planning studies for possible future action
which the City has not approved, adopted, or funded does not require the preparation of an EIR
or a Negative Declaration.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lakeport that it
hereby adopts the Lakeport Lakefront Revitalization Plan.

The foregoing Resolution was passed and adopted at a regular meeting of the City
Council on the 19th day of September, 2017, by the following vote:

184442.1
ATTACHMENT 1

AYES:
NOES:
ABSTAINING:
ABSENT:

___________________________________
STACEY MATTINA, Mayor
ATTEST:

_______________________________
KELLY BUENDIA, City Clerk

184442.1
ATTACHMENT 2

LAKEPORT LAKEFRONT
REVITALIZATION PLAN
P R E PA R E D F O R T H E C I T Y O F L A K E P O R T
M AY 2 0 17

P R E PA R E D B Y

12 8 M A R K E T S T R E E T, S U I T E 3 E , P O B O X 5 6 6 6
S TAT E L I N E , N V 8 9 4 4 9
775.588.5929
ATTACHMENT 2

ii |
ATTACHMENT 2

CONTENTS
1.0 INTRODUCTION 1
1.1 INTRODUCTION 2
1.2 PROJECT AREA 2
1.3 PROJECT PUPROSE 2
1.4 PROJECT PROCESS 4
2.0 EXISTING INFORMATION & SITE ANALYSIS 7
2.1 INTRODUCTION 8
2.2 GOALS 8
2.3 EXISTING STUDIES 8
2.4 EXISTING CONDITIONS 10
2.5 PUBLIC OUTREACH EFFORTS 14
2.6 REAL ESTATE AND MARKET ASSESSMENT 18
2.7 ENVIRONMENTAL ASSESSMENT 22
2.8 ENVIRONMENTAL ASSESSMENT 25
3.0 PRELIMINARY CONCEPTS 33
3.1 PRELIMINARY CONCEPT ALTERNATIVES 34
3.2 ALTERNATIVE 1 34
3.3 ALTERNATIVE 2 38
3.4 ALTERNATIVE 3 40
3.5 ALTERNATIVE 3A 42
3.6 KEY FINDINGS 44
3.7 PREFERRED ALTERNATIVE 46
3.8 ECONOMIC ASSESSMENT OF HOTEL ALTERNATIVES 46
3.9 KEY PRIORITIES 47
4.0 FINAL RECOMMENDATION & IMPLEMENTATION 49
4.1 FINAL RECOMMENDATIONS & IMPLEMENTATION 50
4.2 MULTI-USE EVENT SPACE REVITALIZATION ZONE 54
5.0 APPENDIX 89
6.1 PUBLIC MEETING & SURVEY RESULTS 90
6.2 MARKET ASSESSMENT REPORT (ATTACHMENT)
6.3 EVALUATION OF ALTERNATIVES MEMO (ATTACHMENT)
6.4 ENVIRONMENTAL RESOURCES
CONSTRAINTS ANALYSIS (ATTACHMENT)
ATTACHMENT 2

PROJECT
iv | TITLE | Project City, State
ATTACHMENT 2

1.0 INTRODUCTION

1
ATTACHMENT 2

1.1 INTRODUCTION
The City of Lakeport (City) is located on the western shore of Clear Lake, a natural lake
with over 100 miles of shoreline, located in Lake County (County), California. Lakeport is
the County seat and the only other incorporated city within the County is Clearlake. As
the County seat, the City benefits from a higher percentage of employment in the public
sector which tends to result in a stable workforce in the areas of legal services, healthcare
occupations, administration support, financial occupations, community services and media
and forestry occupations. This helps to support a higher level of commercial and retail
businesses, yet over the years the County and City have seen a decline in visitors that has
impacted the economic health of the area.

Historically, Clear Lake has been a destination for water-oriented summer recreation for
those residing in northern California and specifically the Bay Area. The City of Lakeport
boasts the finest boat ramps and lake access on Clear Lake and all access points are free.
Lakeport has three primary points of access to Clear Lake at First, Third and Fifth streets.
Seven lanes of boat access to Clear Lake are available at these three ramp facilities. The City,
with approximately 3.8 miles of shoreline, a public marina and recreation-based businesses,
has attracted a high number of visitors interested in boating, fishing and other water-related
activities. Over the years there has been a number of factors that have resulted in the decline
of visitors to the area which have lead to the decline of business activity and growth in the
region. These include but are not limited to the development of reservoirs providing similar
recreation activities, the closing of Konocti Harbor Resort and Spa, the water quality of Clear
Lake and the growth of the Napa Valley wine industry. However, in recent years with the
expansion of the wine industry in Lake County, housing prices in surrounding counties, and
an influx of retired people with free time, there has been an increase of interest and activity
in the county and the city.

Recognizing that the lakefront area plays a critical role in the Citys identity for both the
residents and visitors, this planning effort is focused on identifying opportunities to improve
the lakefront area physically, environmentally, economically and socially. This study is funded
in part by the California Department of Housing and Community Development (CDBG) and
by the City of Lakeport.

1.2 PROJECT AREA


The primary study area for the Lakeport Lakefront Revitalization Plan (LLRP) includes public
and private property south of Clear Lake Avenue, north of C Street. The study area is bound
on the east side by the waterfront and extends the width of all the adjacent properties. On
the north end the adjacent properties also front Main Street while the rest of the properties
south of the former Natural High parcel front businesses that are in between the lakefront
and Main Street.

1.3 PROJECT PUPROSE


Previous planning efforts developed a vision for the lakefront area by identifying potential
areas for redevelopment and reinvestment. However, with current economic limitations and
no redevelopment agencies that could provide incentives, the ability to attract reinvestment
into communities such as Lakeport has been challenging. This document will take an
implementable approach in developing the Lakeport Lakefront Revitalization Plan by
understanding existing land uses, current market conditions and community needs. The plan
will provide the community and elected officials with a road map for future improvements
as well as encouraging reinvestment. The following provides a summary of the planning
process and public engagement.

2 | Introduction
ATTACHMENT 2

Clearlake Ave

PROJECT AREA
LAKEPORT 11th Street

Forbes Street
Brush Street

High Street

Main Street
PRIVATE
MOTEL ZONE

11th Street 10th Street

Forbes Street
Brush Street

Main Street
SANTA ROSA

High Street
10th Street 9th Street

Lakeport
Police
SAN FRANCISCO

PROJECT AREA
Dept.
9th Street CITY

Figure 1: Regional Map Former Natural


High
7th Street FORMER NATURAL
HIGH

FORMER
NATURAL HIGH
7th Street 6th Street

PROJECT AREA
CLEAR LAKE
6th Street 5th Street Public Boat Launch PUBLIC BOAT LAUNCH

PROJECT BOUNDARY

CLEAR LAKE
Main

29
PROJECT BOUNDARY

5th Street
LAKEPORT CITY LIMITS 4th Street PUBLIC BOAT LAUNCH
Lakeport
Fire Dept.
CLEAR LAKE

4th Street
3rd Street Public Boat Launch PUBLIC BOAT LAUNCH

PROJECT AREA
Figure 3: Context Map Lake County Lake County
Superior Court Museum
City
Hall
3rd Street PUBLIC BOAT LAUNCH
Library
2nd Street Park
Park Street

Lake County Lake County


Superior Court
Forbes Street

Museum
Main Street

City
Brush Street

High Street

Hall
2nd Street LIBRARY
PARK
PUBLIC BOAT LAUNCH
Forbes Street

Main Street

1st Street Public Boat Launch


Brush Street

High Street

PROJECT AREA

1st Street PUBLIC BOAT LAUNCH

Lake
ArmstrongCounty
Street
Career eek
Forbes Cr
Center

PRIVATE
WILLOW
Armstrong Street POINT
FORBES CRE
Martin Street E K
PROJECT AREA

Soper Reese
Community
Theatre
Martin Street

PRIVATE PROJECT AREA

C Street C STREET
Lake County PROPERTY
Fair Grounds Lakeport Lakefront Revitalization Plan
City of Lakeport, California
NORTH 0 50' 100' 200'
ORIGINAL SCALE: 1"=100'

C Street

Figure 2: Project
LAKEPORT
Lakeport StudyRevitalization
LAKEFRONT
Lakefront Area
REVITALIZATION
Plan PLAN Project Area
LAKEPORT, CA CITYCalifornia
City of Lakeport, OF LAKEPORT AUGUST 2016
DESIGN WORKSHOP
LAKEPORT LAKEFRONT REVITALIZATION PLAN | 3 Landscape Architecture Land Planning Urban Design Tourism Planning
PO Box 5666 128 Market Street, Suite 3E Stateline, NV 89449-5666 775-588-5929
NORTH 0 50' 100' 200'
ORIGINAL SCALE: 1"=100' June 24, 2016
ATTACHMENT 2

1.4 PROJECT PROCESS


The City retained the consultant team led by Design Workshop with economic assessment
from BAE Urban Economics, and a preliminary environmental assessment of the lakefront
area from Rincon Consultants. Engaging the community in the planning process was a
critical step in developing a plan that reflects community needs and will be supported in
its adoption and implementation. The following is a summary of the various methods and
opportunities where public input was obtained with a greater level of detail from each of the
meetings included within the appropriate sections where they occurred.

Management Team Meetings (MT): This includes key staff from the City and
the Design Team. Meetings and phone calls were held throughout the process to
discuss elements such as public outreach and outcomes from these meetings, review
preliminary assessments, reports and plans and to discuss management aspects such as
project schedule, progress and project deliverables.
Stakeholder Meetings: Meetings with key user groups and/ or business owners and
individuals that have an interest in the redevelopment and reinvestment in the waterfront
and the downtown area were conducted.
Lakeport Unified School District Meetings: Since the Natural High property owned by
the LUSD makes up approximately 33% of the public open space in the lakefront project
area and is currently underutilized, it was critical to understand the options available for
improvements on the property and opportunities for joint venture with the City if the
LUSD retains ownership.
Lakeport Summer Concert Booth: To reach a broader audience in the community that
may not necessarily attend a public meeting, the Design Team set up a booth at the
June 24 Concert In The Park to solicit opinions about the Lakeport.
Public Forums: Two Public Forums were held to present information and ideas to the
community and discuss their thoughts related to the information provided.
Surveys: Online surveys were available for those unable to attend the public forums
where the information and questions presented at the meetings were available for
reviewing and responding.
Presentations to Boards
Presentations by City staff: Presentations were made to LUSD school board and High
School Senior Government classes.
This plan was developed in four phases. The first phase included reviewing previous work
that was done for the City and specifically the lakefront area, assessing the existing site
conditions through field inventory and base mapping, data and a market assessment of the
region. This is summarized in Section Two, Existing Information & Site Analysis Section.

With information from the community, preliminary concepts were prepared that captured
ideas in various alternatives, summarized the benefits and challenges to these alternatives
and gathered feedback from the community and stakeholders. While the study is focused on
the lakefront area, the relationship of the downtown Main Street district and the businesses
that front onto the lake were considered when developing alternatives for the lakefront area.
This is summarized in Section Three, Preliminary Alternatives.

Based on direction from the City and input from the community a draft preferred plan was
prepared which captured the best aspects of the alternatives and aligned with the market
study. Recommendations for improvements to publicly-owned land as well as opportunities
for key private properties that could play a large role in the future of the lakefront were
explored and included. This is summarized in Section Four, Preferred Plan.

With additional public input and direction from City staff and elected officials, a final master
plan and implementation strategies were prepared. This is summarized in Section Five,
Final Recommendations and Implementation.

4 | Introduction
ATTACHMENT 2

PROCESS

GE
NE Stakeholder Meetings Information Gathering
RA
MANAGEMENT TEAM MEETING
L

Obtain Feedback,
Public Meeting #1 Suggestions and Ideas

MANAGEMENT TEAM MEETING

Public Meeting #2 Review Concept


Alternatives

MANAGEMENT TEAM MEETING

Presentation
to
Review w/ Planning
SP

Board
Commission & City Council
EC
IFI
C

Final Presentation

SCHEDULE

Phase 1 Phase 2 Phase 3 Phase 4 Phase 5


Kick Off & Data Public Outreach Explore Alternatives Refine Design Final
Collection Documentation
SUMMER 2016 SUMMER 2016 FALL 2016
start finish

Stakeholder Public Develop Public Initial Draft Final


Meetings Meeting #1 Alternatives Meeting #2 Presentation

LAKEPORT LAKEFRONT REVITALIZATION PLAN | 5


ATTACHMENT 2

PROJECT TITLE | Project City, State


6 | Introduction
ATTACHMENT 2

2.0 EXISTING
INFORMATION &
SITE ANALYSIS

7
ATTACHMENT 2

2.1 INTRODUCTION
This section is focused on understanding the existing physical, environmental and market
conditions related to the waterfront area. Existing land uses and previous planning efforts
were reviewed and examples of other waterfront developments that provide insight to
opportunities for Lakeport were provided.

As part of the process establishing some goals and objectives enabled the City, the design
team and the community to identify the critical elements this process and the final master
plan should achieve for the lakefront area. To help identify some initial goals for the project,
a project kick-off meeting occurred with City staff and the design team to achieve the
following:

To gain an understanding of the current conditions in the City


To identify aspects that will need to be considered during the process
To review previous studies that have been prepared that may influence the outcome of
this process
To identify current and near future projects that are underway with the City
To discuss the overall public engagement process and schedule.

2.2 GOALS
The Lakeport Lakefront Revitalization Plan will serve as a guiding document for the
community, City staff and elected officials when making future decisions for improving the
quality of the waterfront area. The following provides an overview of what will be included in
the final document:

Identifying the current use of the parcels, underutilized parcels, and the best use for
those properties that maximizes their potential economic viability.
Identify both short-term and long-term goals for the shoreline area
Identify the best use of all vacant and under-utilized properties in the study area.

Develop a plan that strengthens the connections between the City of Lakeports downtown
commercial area and Clear Lake with regard to economic, commercial and recreational
opportunities for those properties adjacent to the lake

2.3 EXISTING STUDIES


As part of understanding the previous planning work for the lakefront area, the following
documents provided by the City were reviewed and summarized for relevance to this
planning effort.

Lake County Comprehensive Economic Development Strategy (CEDS), dated 2016.


Lakeport Downtown Improvements- North Main Street: Prepared by Crawford
Associates, dated February 2016. This was a downtown improvement streetscape
project for Main Street from First Street to Fourth Street.
Lakeport Carnegie Library Reuse and Feasibility Study, dated 2014.
Lake County Economic Development and Marketing Strategic Plan, dated 2011-2013.
Westside Community Park, dated 2010. Phase I of this City park was built in 1999 and
Phase II was built in 2000 and included many of the active uses proposed earlier from
the lakefront area such as sports fields and play fields.

8 | Existing Information & Site Analysis


ATTACHMENT 2

City of Lakeport Redevelopment Study Area Master Plan, prepared by PMC, dated 2009.
This plan showed aggressive redevelopment from Third Street to Clear Lake Avenue
extending from the shoreline to Main Street. The proposed improvements on this plan
show the removal of nearly all buildings within this area with an emphasis on a new,
mixed-use program.
City of Lakeport Conceptual Lakefront Master Plan, prepared by Green Valley Consulting
Engineers, dated 2008. This master plan consists of a site plan showing proposed
improvements on private land, City land and school district land from First Street to Clear
Lake Avenue extending from the shoreline to Main Street. Significant improvements are
shown removing buildings and reshaping Dutch Harbor including two new hotels, retail/
restaurant buildings, and a pedestrian promenade with a bridge over Dutch Harbor. No
elements of the plan were implemented.
Lakefront Park Master Plan, prepared by Roberts Associates, dated 1987. This plan
showed improvements from First Street to Dutch Harbor with a central piece being a
new pier and marina centered on Fourth Street. A park and sports fields were proposed
at the Natural High property along with a reconfiguration of Library Park.
City of Lakeport General Plan Land Use Designations, prepared by Quad Knopf, dated
2009. This map shows land use designations for all properties within the City. It should
be noted that some designations are in conflict with the Citys zoning map.

LAKEPORT LAKEFRONT REVITALIZATION PLAN | 9


ATTACHMENT 2

2.4 EXISTING CONDITIONS


The environmental elements, the market conditions that Benches and picnic tables provide opportunities
may influence the master plan and the relationship of to sit and enjoy the lake. The shoreline in this area
has a steep drop-off depending on lake level and is
existing land uses including the Main Street district, on-
fortified by either a wall or rock rip rap. In addition,
site assessments and market research were analyzed based on the floods of 2017 and the damages that
to understand the physical condition of the lakefront have resulted in it, repairs to this area need to be
area. The following is a summary of this analysis with addressed.
complete studies included in the appendix. Private Property from First Street to C Street: This
area is known as Willow Point and is a privately-
SITE INVENTORY AND ASSESSMENT owned waterfront area. Public access is restricted
like what occurs from Clear Lake Avenue to Tenth
As part of the site inventory and assessment, base Street. However, since there are very few structures
maps were created using GIS and ownership near the waterfront, there is potential opportunity
information provided by the City, Aerial photography for public access. There are two separate property
from Google Earth and our teams visual assessment owners for this area with the parcel to the south
collected during our visits to the site. These maps will being undeveloped and unused except for a
few homeless camps. The parcel to the north is
be used to gain a more comprehensive understanding
primarily used as a mobile home park and seasonal
of the factors influencing the lakefront and will help RV campground along with a building at the boat
to address issues and opportunities when developing ramp on First Street formerly used as a lakefront
the plan. For assessing the physical conditions of the restaurant that is now vacant. Forbes Creek bisects
project area, we have defined the areas as follows and this parcel with the bridge internal to the property.
use these terms throughout the document. Primary Study Area - Lakefront Area
This area includes the parcels immediately adjacent to
Primary Study Area - Waterfront
the waterfront area and the Lakefront Business District.
This area includes the land immediately adjacent to the
It is most of the land within the study area and includes
water and the land that would be included in any public
both public and private ownership. Our intimate site
access and waterfront trail. It includes the boat launch
observations for this area are as follows.
area, the marina and the existing waterfront promenade
associated with Library Park. The waterfront is Private Property from Clear Lake Avenue to City-
approximately 5,429 linear feet in which 54% is on owned Property near Tenth Street: This includes
private land and 46% is publicly-owned. Our initial site seven privately-owned properties that provides
most hotel/ motel lodging opportunities in the
observations for this area are as follows.
lakefront area. Most of the parcels are narrow,
Private property from Clear Lake Avenue to City- single loaded one and two story structures with
owned property near Tenth Street: This area is land surface parking and have limited opportunities for
privately-owned and consists of five hotel/motel redevelopment without property consolidation. All
businesses, one mobile home park and many of but one of these parcels extends from the lake edge
the properties have private piers and boat slips. to Main Street.
There are a few retail / restaurant establishments City Property (including Dutch Harbor) and LUSD
that front Main Street and are described in the Site: The LUSD area includes the former Natural
Main Street section below. Because of private High school building, a small restroom facility, a
ownership, the opportunity to provide a waterfront fenced-in area used by the sculling club and parking
public promenade to Clear Lake Avenue is currently areas that have not been maintained over the years.
limited. An existing chain linked fence that is overgrown with
City Property (including Dutch Harbor) and Lakeport vegetation along the south property line creates a
Unified School District Site: The entire waters edge visual and physical barrier from the adjacent existing
along this section consists of overgrown vegetation parking lot. Currently people are accessing the site
impacting visibility of and access to the lake. There at the lake edge yet it is not easily accessible and
is one privately-owned parcel to the east that is appears unsafe. Most of the site is a large un-
landlocked. For this reason, it is highly unlikely maintained grass area that is used primarily as an
the property will be built on. There are numerous informal dog park where owners allow their dogs
homeless camps along the lakefront in this area. to play off leash. The City-owned property north
of the LUSD property includes Dutch Harbor and
Public Land from Sixth Street to First Street: This undeveloped land with the exception of a small
section of the waterfront includes the existing retail building that fronts Main Street. People
promenade along Library Park, a public marina, access the waterfront for fishing and has been
three public boat launches, the existing Lakeport used occasionally for construction staging. Once a
Yacht Club building and two public restrooms.

10 | Existing Information & Site Analysis


ATTACHMENT 2

Clearlake Ave

PROJECT AREA
11th Street

Forbes Street
Brush Street

High Street

Main Street
PRIVATE
MOTEL ZONE

11th Street 10th Street

Forbes Street
Brush Street

Main Street
High Street
10th Street 9th Street

Lakeport
Police

PROJECT AREA
Dept.
9th Street CITY

Former Natural
High
7th Street FORMER NATURAL
HIGH

FORMER
NATURAL HIGH
7th Street 6th Street

PROJECT AREA
6th Street 5th Street Public Boat Launch PUBLIC BOAT LAUNCH

5th Street
MAIN STREET BUSINESS DISTRICT

4th Street PUBLIC BOAT LAUNCH

CLEAR LAKE
LAKEFRONT BUSINESS DISTRICT

Lakeport
Fire Dept.
CLEAR LAKE
PRIMARY STUDY AREA
4th Street
3rd Street Public Boat Launch PUBLIC BOAT LAUNCH
PROJECT AREA

Lake County Lake County


Superior Court Museum
City
Hall
3rd Street PUBLIC BOAT LAUNCH
Library
2nd Street Park
Park Street

Lake County Lake County


Superior Court
Forbes Street

Museum
Main Street

City
Brush Street

High Street

Hall
2nd Street LIBRARY
PARK
PUBLIC BOAT LAUNCH
Forbes Street

Main Street

1st Street Public Boat Launch


Brush Street

High Street

PROJECT AREA

1st Street PUBLIC BOAT LAUNCH

Lake
ArmstrongCounty
Street
Career eek
Forbes Cr
Center

PRIVATE
WILLOW
Armstrong Street POINT
FORBES CRE
Martin Street EK
PROJECT AREA

Soper Reese
Community
Theatre
Martin Street

PRIVATE PROJECT AREA

C Street C STREET
Lake County PROPERTY
Fair Grounds Lakeport Lakefront Revitalization Plan
City of Lakeport, California
NORTH 0 50' 100' 200'
ORIGINAL SCALE: 1"=100'

C Street

LAKEPORT
Figure
Lakeport LAKEFRONT
4: Study REVITALIZATION
AreaRevitalization
Lakefront Plan PLAN Project Area
LAKEPORT, CA CITYCalifornia
City of Lakeport, OF LAKEPORT AUGUST 2016
DESIGN WORKSHOP
Landscape Architecture Land Planning Urban Design Tourism Planning
PO Box 5666 128 Market Street, Suite 3E Stateline, NV 89449-5666 775-588-5929
NORTH 0 50' 100' 200'
ORIGINAL SCALE: 1"=100' June 24, 2016

LAKEPORT LAKEFRONT REVITALIZATION PLAN | 11


ATTACHMENT 2

year the seaplane fly in event called the Clear Lake Because of the proximity to the lakefront business
Splash In stages planes out of the water on this district, retail and commercial opportunities for
large open area. these private properties would best take advantage
Public Land from Sixth Street to First Street: This of their unique setting. The existing commercial
can be described as the working portion of the property at the end of First Street and on the
lakefront area. It provides parking for vehicles with water could provide a unique waterfront restaurant
and without boat trailers, public boat ramps and opportunity with investment and redevelopment
parking for public parking for Library Park (described of the property. One popular restaurant that could
below), City offices and the businesses that serve as a model for redevelopment is the Park
comprise the Lakeport Business District. Much of Place. Additional opportunities exist along Park
the area is dominated by boat parking and services Street and with the creation of vibrant alleys that
and lacks clear pedestrian connectivity to the Main run North-South behind the Main Street buildings.
Street district. The Lakefront Business District benefits from its
Private Property from First Street to C Street immediate adjacency to the lake, park and open
(Willow Point): As described previously, this spaces. Yet there are under-utilized properties,
privately-owned land is used primarily as long-term small parcels which can restrict larger businesses
residential and seasonal camping with the land and lack visibility for those traveling through the
next to C Street vacant. The boat ramp area to the city on Main Street. Even with City Hall and public
north of this property has been used primarily as services located in the area, the area seems to
a non-motorized vessel launch and rentals. The struggle with developing and maintaining a vibrant
commercial property has provided waterfront dining business district.
yet has remained vacant in recent years. Willow Main Street Business District
Point has been a focus of potential development This area includes the parcels that front Main Street and
in the recent past and is currently being assessed
create the core of Lakeports downtown. Our initial site
by property owners. Because of the limited
fixed facilities on-site, and the size of each of the observations for this area are as follows.
properties, this area has the potential of elevating
The Main Street Business District appears to be
the overall character, clientele and experience in the
active with most retail and commercial space
project area.
leased or locally owned and operated. Several
Lakefront Business District financial institutions are along Main Street which are
The Lakefront Business District benefits from its auto oriented and not consistent with the Historic
immediate adjacency to the lake, park and open spaces. character of Downtown.
This area includes the land adjacent to the Lakefront Architecturally the buildings within the blocks of
area and the Main Street Business District. It includes First Street and Fourth Street reflect the historic
character of the City and include many of the
both public and private ownership. Our initial site walkable aspects of a downtown experience.
observations for this area are as follows. Included in this area is the Lake County Museum,
restaurants, and shopping. However, there are still
Private Property from Clear Lake Avenue to City-
some prime storefront that remain vacant. This
owned Property near Tenth Street: There is no
area recently has recently been improved in 2016
property defined as Lakefront Business District in
with new sidewalks, curbs and gutter and site
this section as all but one property extends from
furnishing to improve the pedestrian experience.
the lake edge to Main Street.
Yet much of the activity that occurs in this area is
City Property (including Dutch Harbor) and County- focused around daily business hours and many of
owned school site: There is no property defined as the establishments are closed in the early evening
Lakefront Business District in this section. reducing the opportunity for evening activity in this
Private Land from Fifth Street to First Street: This area.
area has the greatest opportunity for improving the
lakefront area from an economic perspective. Yet L AND USES/ OWNERSHIP
there are under-utilized properties, small parcels Per the Citys General Plan, the land uses within the
which can restrict larger businesses and lack of project area comprise of the following.
visibility for those traveling through the city on
Main Street. Even with City Hall and public services Primary Study Area: The total Study area is
located in the area, the area seems to struggle approximately 39 acres.
with developing and maintaining a vibrant business Resort Residential: This is approximately 16.8
district. acres in size and makes up approximately 43% of
Private Property from First Street to C Street: lakefront project area. Property is both privately and

12 | Existing Information & Site Analysis


ATTACHMENT 2

publicly-owned. The Natural High School land owned by the


Lakeport Unified School District and undeveloped City-owned
property north of the school site including Dutch Harbor makes
up the public ownership while the land north of the City property
up to Clear Lake Avenue and the property referred to as Willow
Point make up the privately-owned land.
Open Space Parkland: This is approximately 7.7 acres in size and
makes up approximately 20% of the lakefront project area. This
includes Library Park, the Carnegie Library and areas for vehicle
and boat parking.
Willow Point: This is approximately 14 aces in size and makes
up approximately 37% of the study area. The land is all privately-
owned and consists of two separately owned parcels.
Lakefront Business District: All property included in this district
has a Central Business District land use designation.
Main Street Business District: While not part of the study area,
the types of land uses help inform the lakefront master plan. Most
land use designation is Central Business District and a modest
amount of Major Retail and High Density Residential.

Figure 5: Land Use

LAKEPORT LAKEFRONT REVITALIZATION PLAN | 13


ATTACHMENT 2

2.5 PUBLIC OUTREACH EFFORTS and participants were divided into three groups, provided
base maps of the area and ask to illustrate their thoughts
STAKEHOLDER MEETINGS
around key aspects of the project area on the maps. The
Meetings with key user groups and/ or individuals that
following is a summary of these meetings with the full
have an interest in the redevelopment and reinvestment
meeting minutes included in the appendix.
in the waterfront and the downtown area were
conducted on May 11, 2016. To accommodate various Preliminary Goals
schedules and interest of stakeholders there were three Circulation
meetings held over the course of the day in which the Create a pedestrian loop along waterfront and
same information was presented and discussed. These downtown with bridges and boardwalks
include the following: Provide connections to neighborhood
Use vegetation to separate downtown from
Business Owners Stakeholder Meeting:
neighborhood
1:30 pm - 2:45 pm
Provide connected bike paths
Lakeport Main Street Association
Tie promenade in with Esplanade
Lakeport Economic Development Advisory
Committee (LEDAC) Public Spaces
Lakefront provides opportunity for paths/ parks
Lake County Chamber of Commerce
Willow Point is a huge opportunity, City to work
User Groups/ Organizations (Boating, fishing, with private property owners
water sports)
More people should arrive by boat, improve boat-
City and Public Agency Stakeholder Meeting: ablity and connections from docks
3:00 pm - 4:15 pm
Take advantage where the street runs to the lake
Environmental/ Nonprofit Groups Bring in a ferry, bring back the port
Agencies and other City departments Take advantage of County public spaces
Stakeholder Outreach Meeting: Provide interpretative and wayfinding signage
5:30 pm 7:30 p Highlight Forbes Creek with trail and
At the meetings, an overview of the project was environmental improvements
provided and a discussion around the groups thoughts Natural High and Dutch Harbor improvements
regarding the strengths, weaknesses, opportunities Environment
and concerns related to the city and the lakefront area Improve Forbes Creek
occurred. In addition at the evening meeting a keypad Improve and open space at Natural High
polling exercise was conducted which asked a series of Improve creek on Tenth Street
questions related to the downtown and lakefront area More osprey nests
Create a cohesive low water use landscape
L AKEPORT L AKEFRONT REVITALIZ ATION PL AN
STAKEHOLDER OUTREACH - MAY 11, 2016 Soften the downtown and waterfront area
with more plants, there is a lot buildings and
hardscape now
Economics
More events
Lakeport Lakefront Revitalization Plan Lakefront amphitheater and other venues in
Stakeholder Outreach addition to Library Park gazebo
May 11, 2016
PROJECT DESCRIPTION
The lakefront area plays a critical role in the City of Lakeports identity while providing a wide range of
recreation opportunities for residents and visitors and an important environmental resource for wildlife. With
Downtown Lakeport and Main Street a block from waters edge, improving the visual and physical connections
Marina with ability to lease out spots and slip fees
Bring in regular base of tourists
will reinforce the importance between the business district and the lake. There have been previous efforts to
develop a vision for the lakefront area yet with current challenges, such as the lack of incentives redevelopment
agencies could provide, the ability to attract reinvestment into communities such as Lakeport have been
challenging.
We will take an implementable approach in developing the Lakeport Lakefront Revitalization Plan by
understanding existing land uses, current market conditions and community needs. With this information we
will develop a master plan that will illustrate opportunities within the project area for improving public access
Provide consistency between downtown and
and recreation, summarize areas for improving the natural environment and identify opportunity sites for
redevelopment and reinvestment. The plan will provide the community and elected officials with a road map for
future improvements as well as encouraging reinvestment.
lakefront, tie in visually
AGENDA - MAY 11, 2016 5:30 PM - 7:30 PM
Welcome & Project Overview - 10 Minutes
Project Team & Introductions
Project Area

Previous Studies - 5 Minutes


Summary of previous studies

Key Pad Polling Excercise - 30 Minutes


Stakeholder input

Break Out Work Session - 60 Minutes


Stakeholder input

Questions / Next Steps - 15 Minutes

14 | Existing Information & Site Analysis


ATTACHMENT 2

L AKEPORT UNIFIED SCHOOL DISTRICT MEETINGS


Since the Natural High property owned by the LUSD makes up approximately 34% of the public open space
in the lakefront project area and is currently underutilized, it was critical to understand the options available for
improvements on the property, opportunities for joint venture with the City and methods to dispose of the site. Two
meetings were held to discuss the possibilities. In summary, the school district was not opposed to working with
the City on improvements to their property. Yet with limited available funding, there would need to be a cooperative
agreement between the City and the District particularly since removing the existing building poses a challenge
because of environmental hazard issues. There was less excitement from the District with commercial development
on their site yet it is open to potentially sell the property to an interested buyer. Talks between the City and LUSD will
need to continue to make beneficial improvements to this crucial property.

L AKEPORT SUMMER CONCERT BOOTH


To reach a broader audience in the community that may not necessarily attend a public meeting, the design team
set up a booth at the June 24 Concert In The Park to solicit opinions about the Lakeport lakefront. Information
about the project included maps and images describing the project area and the purpose of the master plan. A
brief questionnaire was provided for those interested in responding as well as conversations to help understand
the process and answer any specific questions. Approximately 60 questionnaires were collected and the following
summarizes the comments.

What Are Your


LAKEPORT LAKEFRONT QUESTIONNAIRE
WHAT ARE YOUR VISIONS FOR THE L AKEPORT SHORELINE?
Visions for the
Future of the
WHAT DO YOU CURRENTLY DO AT THE L AKEFRONT ARE A?
Lakeport Lakefront?

WHAT DO YOU FEEL IS MISSING FROM THE L AKEFRONT ARE A?

QUESTIONS/COMMENTS: L AKEFRONTPL AN @ CIT YOFL AKEPORT.COM

LAKEPORT LAKEFRONT QUESTIONNAIRE


WHAT ARE YOUR VISIONS FOR THE L AKEPORT SHORELINE?

PLEASE SEND YOUR COMMENTS TO


LAKEFRONTPLAN@CITYOFLAKEPORT.COM

WHAT DO YOU CURRENTLY DO AT THE L AKEFRONT ARE A?

WHAT DO YOU FEEL IS MISSING FROM THE L AKEFRONT ARE A?

QUESTIONS/COMMENTS: L AKEFRONTPL AN @ CIT YOFL AKEPORT.COM

LAKEPORT LAKEFRONT REVITALIZATION PLAN | 15


ATTACHMENT 2

L AKEPORT SUMMER CONCERT BOOTH | COMMENT CARD RESULTS

What are your visions for the Lakeport area? What do you feel is missing from the lakefront area?
Votes Visions for Lakeport area Votes Amenities missing from the lakefront

7 Community Events 11 Waterfront Restaurants & Shops


7 Waterfront Restaurants & Shops 6 Community Events
6 Visitor/Family Friendly Environment 5 Bicycle/Pedestrian Trails
6 Bicycle/Pedestrian Trails 4 Children Recreation
3 Reopening Konocti Harbor Resort 4 Restroom Facility Improvements
3 Improving Water Clarity 3 Water Park
3 Wine Tasting 3 Public Boat Facilities
3 Children Recreation 2 Tourists
2 Water Park 2 Family Friendly Environment
2 Boating Events 2 Boat Tours/Dinner Cruises
1 Dog Park 2 Lawn Games
1 Sustainable Design 1 Konocti Harbor Resort
1 Conference Center 1 Improved Picnic Areas
1 Homeless Shelter 1 Hotels
1 Lighthouse 1 Community Pool
1 Beach 1 Music Venue

What do you currently do at the lakefront area?


1 Skate Park

Votes Current lakefront activities


1 Beach Area
1 ADA Accesibility
11 Community Events
10 Concerts In The Park
9 BBQing/Picnicking
5 Boating
5 Park Activities
3 Fishing
3 Walking
3 Eat At Local Restaurants
2 Swimming
2 Sight Seeing
1 Shopping
1 Library
1 Biking
1 Camping
1 Meet New People
1 Duck Feeding

16 | Existing Information & Site Analysis


ATTACHMENT 2

L AKEPORT PUBLIC FORUM # 1


On Wednesday July 8, 2016, the first of two public forums were conducted. It was held at City Hall from 5:30 to
7:30 p.m. A series of questions about the lakefront and Main Street districts were asked to understand current issues
and opportunities for the lakefront area followed by an open public discussion. Approximately 15 people attended the
meeting. In addition, for those who did not attend the meeting, an online survey was available from July 8 through
August 22, 2016. The information presented and questionnaire were available online for response. The following is a
summary of public comment and the results of the online responders.

We Need Your Ideas!


L AKEPORT L AKEFRONT
REVITALIZ ATION PL AN
PU B LIC FOR U M
PROJECT AREA
CLEARLAKE AVE PURPOSE : TO GATHER INPUT FROM
THE COMMUNIT Y FOR
FUTURE L AKEFRONT
IMPROVEMENTS

WHEN : WEDNESDAY, JULY 6


NATURAL 5:30 - 7:30 PM
HIGH
WHERE : CIT Y HALL
225 PARK DRIVE, L AKEPORT
MAIN STREET

CONTACT: BEN FISH,


DESIGN WORKSHOP
LIBRARY 775.588.5929
PARK BFISH @ DESIGNWORKSHOP.COM
FIRST STREET OR

DANIEL CHANCE,
CIT Y OF L AKEPORT
707.263.5615 E X T. 19
DCHANCE@ CIT YOFL AKEPORT.COM
C STREET

Lakeport Lakefront Revitalization Plan

Public Forum
July 6, 2016

LAKEPORT LAKEFRONT REVITALIZATION PLAN | 17


ATTACHMENT 2

2.6 REAL ESTATE AND MARKET ASSESSMENT


As part of the assessment process, BAE Urban Lodging:
economics was retained to prepare a preliminary real Growth trends and local real estate and lodging
estate and market assessment. It provided information professionals indicate a potential need for a boutique
regarding local and regional economic and demographic lodging facility to attract more overnight visitation
conditions and trends, real estate market conditions, and continue to support the tourist-serving retail
and growth projections with the objective of identifying establishments. The potential increase in demand
the best use of under-utilized parcels located along and for local lodging rooms ranges up to about 70 new
near the Citys waterfront on Clear Lake. The complete hotel rooms by 2035. Demand may only be sufficient
report is included in the appendix section and the to support two to three small Bed &Breakfast
following is a summary of the findings. establishments, and a higher demand may support a
small boutique hotel. In an aggressive scenario that
REAL ESTATE DEVELOPMENT OPPORTUNITIES includes full revitalization of the downtown area, with
Residential: new shops and restaurants oriented to higher end
Residential: The projected citywide increase in demand tourists, along with successful marketing of the larger
for residential units is 100 to 600 new units by 2035. Clear Lake region as a wine-tourism destination, a
Lakeport and the waterfront area is well-positioned boutique waterfront hotel of somewhat more than 70
within Lake County for this type of residential real rooms could be supported. Based on future demand
estate development considering the high sales prices and current unmet upper-end lodging accommodations
and rental rates, and low vacancy rates. Because of this, in the Lake County region, this type of development
when developing the alternatives for the lakefront area would be an ideal establishment to target in the
the City: downtown area given the proximity to various amenities
would benefit by targeting a portion of the future ranging from restaurants and retail to the lakefront as
demand for higher density residential units on infill well as the areas seasonal special events.
sites within the downtown area.
support and encourage higher density residential
units with a mix of affordability in the downtown
to support downtown retailers and expand the
evenings and weekend presence.

18 | Existing Information & Site Analysis


ATTACHMENT 2

Retail: ECONOMIC DEVELOPMENT OPPORTUNITIES


Demand for new resident-serving retail space is limited, The primary economic development opportunities
potentially supporting an additional 30,000 to 100,000 for the City include capturing retail leakage yet will
square feet of retail space citywide, through 2035. likely require successful marketing and promotion
The current supply of vacant retail space is adequate to attract additional tourist spending. As one of the
to accommodate increased demand and the need for few concentrations of retail establishments within
new retail space will be limited. However, adding to the Lake County, the City is able to attract new retailers
roster of tourist-serving retail, restaurant, and service and foster collaborations among tourist-serving
establishments is an opportunity to further position establishments that will help bolster the tourist
Lakeport as a center for tourist activity within Lake economy. Considering the wine industry is a growing
County. Specific types of tourist-serving establishments draw for Lake County visitors, Lakeport may be able
appropriate for the downtown area include specialty to position itself as the overnight hub for winery and
retail stores, upscale dining, and arts and entertainment vineyard tourists. The previously-mentioned boutique
venues. hotel and upscale dining options would help cater to
the clientele associated with wine tourism and other
Office: visitor-serving activities, such as the many events
Based on the current low citywide and countywide scheduled throughout the year. By attracting Lake
office vacancy rates and projected growth in County visitors, new downtown Lakeport lodging
employment, the downtown area is an appropriate would increase the proportion of visitors who stay
location to accommodate a significant portion of the overnight. Per capita expenditures of overnight
Citys future office development, which is estimated visitors tend to be significantly higher than per capita
at a modest 16,000 square foot net increase by 2035. expenditures for day visitors, due not only to the
It is worth noting that while the Lake County Superior lodging expenditures, but also additional expenditures
Court functions currently located in downtown may made on food, goods and services, and recreational
be relocated out of the downtown area, many of the activities.
County administrative functions will remain in current
locations.

LAKEPORT LAKEFRONT REVITALIZATION PLAN | 19


ATTACHMENT 2

ECONOMIC SUMMARY Another opportunity for the City of Lakeport to


The City of Lakeport could be well positioned to broaden the existing economic base includes targeting
benefit from targeted economic development activities, certain office-using industries to help support the
which could help to bolster the communitys ability to expansion of existing establishments and encourage
support additional growth and development along the new establishments to locate within the City. Based
Clear Lake waterfront. With relatively low proportions on countywide employment projections, the primary
of children and relatively high proportions of seniors, industries to target will include health care and social
higher density multifamily housing will likely be an service providers and professional and business
attractive residential product type. Without significant services, as these are the major office-using industries
economic development, however, the community will with the most anticipated growth. However, the
likely continue to rely on significant injections of retail potential relocation of the Lake County Superior Court
demand from visitors and households who live in represents a potential loss of important weekday
the unincorporated areas of western Lake County to office activity, which could discourage recruitment
support the local economy. and retention of other office users, such as attorneys,
in the downtown area. However, the retention of the
The above average proportion of residents employed Lake County Administrative Office in the downtown
in Administrative Support may be due, at least in part, will help to promote year-round day-time visitation from
to a concentration of local governmental employees, employees and office patrons within the commercial
given that Lakeport is the County seat. Also, the above core, which can help to even out seasonal, tourist-
average proportion of residents employed in agriculture driven fluctuations in demand for retail and food service
is likely influenced by the expanding wine production uses.
within the region. The concentration of residents
employed in Health Care and Support occupations
within the City of Lakeport may be due to a high
percentage of retirement age residents, as well as the
fact that Lakeport is one of the few urban areas within
the County which functions as a center for the provision
of health care services.

20 | Existing Information & Site Analysis


ATTACHMENT 2

LAKEPORT LAKEFRONT REVITALIZATION PLAN | 21


ATTACHMENT 2

2.7 ENVIRONMENTAL ASSESSMENT


As part of the site assessment process a preliminary Wildlife Species:
environmental assessment was performed by Rincon Wildlife species observed during the field survey
Environmental. This included a review of relevant include: western grebe, mallard, cliff swallow, bronze-
literature and the results of a reconnaissance-level field headed cowbird, western scrub-jay, Canada goose
survey. The following is a summary of findings with the house sparrow, black phoebe, osprey, green heron,
complete report provided in the appendix. great blue heron, black-crowned night heron, great
egret, and common carp. A green heron nesting
Aquatic Habitats:
colony was observed at Library Park. The native and
Several wetland habitats were identified in the project
ornamental tree species in the park area were observed
area and are divided into three main groups including
to have active nests in them.
lacustrine, riverine and palustrine.

The lacustrine wetland areas include deep water Soils:


habitat ( 8.2 feet deep) which transition with Three soil map units occur within the project area:
decreasing depth towards the shoreline to Cole variant clay loam, calcareous substratum; Still
vegetated littoral habitats that are dominated by loam, stratified substratum; and Wappo loam, 2 to 8
aquatic plant species and unvegetated shore which percent slopes. Wappo loam, 2 to 8 percent slopes is
includes rocky areas, beaches and artificial surfaces
such as concrete launching facilities. the dominant soil type in all upland areas except for the
Willow Point area where Still loam, stratified substratum
Palustrine areas are transitional zone where aquatic
plants become persistent and in addition to the is the predominant soil type. Most of the soils in the
lacustrine littoral plants (cottonwood, willow, project area are the result of imported fill material
sandbar willow, bulrush, cattail) are present. during the historic development of the City.
Located above the ordinary high water mark, near
Willow Point are four seasonal wetlands or shallow Sensitive Natural Communities:
palustrine wetlands with vernal pool characteristics. Two sensitive natural communities were identified as
These seasonal wetlands are either degraded pre- occurring within five miles of the project area: Coastal
existing vernal pools or artificially created from soil
and Valley Freshwater Marsh and Clear Lake Drainage
scraping, grading and resulting compaction.
Seasonal Lakefish Spawning Stream. There are
Riverine habitat was associated with Forbes remnants of the coastal and valley freshwater marsh
Creek in the project area and exhibited the same
persistent vegetation as the palustrine habitat. community in the project area; however, the small
stands of cattails and tulles are not large enough to
be classified as a distinct plant community. The Clear
Lake Drainage Seasonal Lakefish Spawning Stream
is associated with Kelsey and Cole Creeks located
approximately 4.5 miles southeast of the project area.

22 | Existing Information & Site Analysis


ATTACHMENT 2

Riparian and Wetland Habitats: The Clear Lake hitch is a native freshwater fish
Riparian and wetland habitats are continuous along species that is endemic to the tributaries, vegetated
the Clear Lake shoreline and drainages in the project sloughs, and open surface waters of Clear Lake.
This species is a migratory fish and historically
area. Vernal pools are seasonal wetlands in the form of utilized the tributaries of Clear Lake for spawning
shallow pools and depressions above an impervious or habitat during the spring months and would return
semi-impervious substrate that does not allow water to the lake before the streams dried or reduced
to percolate through the soil column. Four very shallow in flow enough to create migration barriers. There
vernal pools in the Willow Point area were observed have also been reports of the Clear Lake hitch
spawning in the gravelly shore areas of the lake.
and historic aerial imagery and current site conditions
Currently the only known spawning habitat is
were reviewed. It appears this area has received located in Kelsey Creek and Adobe Creek and to a
periodical surficial soil disturbance from what appears lesser extent in Middle, Scotts, Cole and Manning
to be scraping and/or grading to expose new bare earth creeks. Forbes Creek, located in the project area, is
roadways. a historic spawning area for the Clear Lake hitch;
however, spawning is not known to occur in Forbes
Special Status Plant Species: Creek currently.
Bent flowered fiddleneck is an annual plant species The osprey is a piscivorous raptor species found
known to occur in valley and foothill grasslands. Its near marine and fresh, fish bearing bodies of water.
blooming period or period of identification is typically Ospreys nest in the top of large trees typically
near open water habitats but may also nest up
from March to June. A known occurrence, recorded in
to 15 miles away from foraging habitat. A single
2010, is located approximately 0.6 mile southwest of osprey was observed as a fly over during the
the southern project area boundary. Limited habitat for reconnaissance survey; however, no nest sites
this species is in the grassy ruderal areas of the project were observed. The presence of osprey in the
area. However, the likelihood of this species occurring project area should be assumed.
in this area is very low. The tricolored blackbird is a non-migratory, colonial
nesting bird closely associated with aquatic habitats.
Special Status Animal Species: This species nests in emergent vegetation such as
The Sacramento perch is a native freshwater fish tules and cattails but may also nest in shrub and
species that is known to occur in vegetated sloughs, tree thickets adjacent to water. Small stands of
pools of slow flowing rivers, and lakes. Optimal this habitat are present but are likely too small to
habitat for this species is present in the lacustrine support a nesting colony of the tricolored blackbird.
and riverine non- persistent emergent habitat areas This species has the potential to be present in the
located in the project area. The CNDDB records project area, as described, where there is the least
indicate the most recent record was from 1937 and amount of disturbance.
this species is possibly extirpated from Clear Lake.
Therefore the likelihood of this species occurring in
the project area is very low.

LAKEPORT LAKEFRONT REVITALIZATION PLAN | 23


ATTACHMENT 2

The western pond turtle is most commonly found ENVIRONMENTAL CONCLUSIONS AND
in lakes, ponds, marshes, rivers, streams, and RECOMMENDATIONS
irrigation ditches among woodlands, grasslands The project area contains suitable habitat for special
and open forests, from elevations near sea level
to over 5,000 feet. Western pond turtles require status species and sensitive habitat areas that are
terrestrial habitat for nesting and also use terrestrial protected by state and and/or federal regulations. The
habitats to migrate or disperse, overwinter and following studies are recommended to address potential
aestivate. This species will often utilize floating project-related impacts to sensitive biological and
vegetation or emergent logs and boulders for aquatic resources:
basking sites. The Willow Point area at the south
end of the project area has the most suitable A jurisdictional delineation will likely be required to
year-round habitat for the western pond turtle. identify and map potentially jurisdictional features
The closest recorded habitat area is located near within the project area that may be impacted by
Kelseyville approximately 3.6 miles southeast of project activities.
the project area. While no western pond turtles or
their sign were observed during the reconnaissance Project impacts to jurisdictional waters, including
survey, their presence in the project area should be wetlands, typically require a Department of
assumed. the Army permit from the USACE and a Water
Quality Certification from the RWQCB. Impacts
to jurisdictional waters that also qualify as
streams, lakes or riparian habitat typically require a
Streambed Alteration Agreement from the CDFW.
If potential USACE jurisdiction cannot be avoided,
the jurisdictional delineation should be submitted
with a request for an Approved or Preliminary
Jurisdictional Determination and the project would
be evaluated to determine if it would qualify for a
Clear Lake Hitch Section 404 Nationwide Permit or if an Individual
Permit would be required to obtain USACE approval
of the project.
Standard mitigation measures for impacts to
waters of the U.S. and State would generally
include avoidance and minimization of impacts to
jurisdictional features and compensatory mitigation
for impacts to jurisdictional features where
avoidance is not practicable.
Because the project area is located within the
Mountain House Conservation Bank and the Seigler
Sacramento Perch Valley Wetland Mitigation Bank service areas,
purchasing mitigation bank credits is a potential
mitigation option.
Botanical resource surveys will likely be required
in grassy ruderal areas of the project area and
should be conducted between March and June to
adequately identify bent flowered fiddleneck during
its blooming period, if present.
Tricolored Blackbird Special Status and General Animal Species Project
implementation has the potential to impact fish
and wildlife within adjacent areas resulting from
increased noise, lighting, trash, and human
presence during construction which can be
mitigated with proper precautions and monitoring.

Western Pond Turtle

24 | Existing Information & Site Analysis


ATTACHMENT 2

2.8 PRECEDENT STUDIES


The purpose of precedent studies is to identify other communities and cities where waterfront revitalization has been
successful and the types of improvements that may be relevant to Lakeport. While recognizing each project is unique
including the physical site, environmental influences, financial and funding opportunities, community support and
political will, these examples do provide inspiration for ideas and potential uses to consider in the planning process.
The following are just a few of several examples reviewed in the initial analysis for this master plan.

LAKEPORT LAKEFRONT REVITALIZATION PLAN | 25


ATTACHMENT 2

PRECEDENT STUDIES
HARRISON AVENUE TO LAKEVIEW COMMONS
South Lake Tahoe, California

SIZE: 6 ACRES
PROGRAM: Terraced event space, picnic tables, lawn, plaza, wayfinding signage, bike paths,
bus stop, concessionaire
The Harrison Avenue business district is a classic example of an area built in the beginning of automobile dominance.
Located adjacent to one of the most scenic beach fronts in South Lake Tahoe, it serves as a model for positive
business transformation and joint partnership between the City and the business owners.

The creation of a special district provided the private funding mechanism to ensure the Citys investment into this
area would result in sustainable change. Working extensively with business and property owners a design for this
5 block district was developed that embraced the unique architecture and connected the commercial area with the
surrounding natural environment. Existing conflicts between pedestrians, bicyclists and vehicles have been resolved
to improve overall safety as well preserving commercial parking spaces. Connectivity to adjacent destinations such
as the lake, recreation center and the school district have been improved with new sidewalks and a bike path. The
resulting improvements to the pedestrian and cyclist experience has promoted alternative modes of transportation.
Creative options for new community gathering spaces are knit into the design along with benches, bike racks, and
pedestrian lighting. Options for temporary street closures allow for larger special event space.

In relationship to the revitalization of the Lakeport lakefront, the Harrison Ave project is an excellent example of
enhancing locals businesses by creating strong connections between the lakefront and main street. Additionaly, the
scale of the event space, open space and flexible plaza space is appropriately applicable to Lakeport.

26 | Existing Information & Site Analysis


ATTACHMENT 2

LAKEPORT LAKEFRONT REVITALIZATION PLAN | 27


ATTACHMENT 2

PRECEDENT STUDIES
Owensboro Riverfront
Owensboro, Kentucky

SIZE: 770 Acres


PROGRAM: Riverwalk Promenade, Marina Facilities, Adventure Playground, Ampitheater, Plaza
The Owensboro Riverfront District spans approximately 1.4 miles along the southern edge of the Ohio River,
including the downtown, residential neighborhoods, and major civic open spaces. The intent of the Riverfront District
Master Plan is to reclaim the riverfront as a major public area and icon for the City of Owensboro. The master
plan includes a riverwalk promenade connection from the downtown area to a signature park along the river; the
creation of a major downtown public space; marina facilities including seasonal docks and an inland harbor marina;
streetscape improvements; and pocket parks overlooking the riverwalk promenade.

EDSA has led a series of sustained community consensus building efforts resulting in a master plan for riverfront
development and implementation of several strategic projects including outdoor patio improvements at the local
cultural center, a public/private partnership to create an outdoor amphitheater and plaza, relocation of a boat ramp
which turned into a gateway park on the Ohio River and ongoing efforts in developing a world-class riverfront park.

The Owensboro Riverfront, although much grander in scale, is relevant to the Lakeport lakefront by exhibiting an
array of programming and how each work together to provide a cohesive experience for the user. The programming
consists of elements similar to what the City is considering for their lakefront and begins to paint a picture of what
that could look like.

28 | Existing Information & Site Analysis


ATTACHMENT 2

LAKEPORT LAKEFRONT REVITALIZATION PLAN | 29


ATTACHMENT 2

PRECEDENT STUDIES
Cumberland Park
Nashville, Tennessee

SIZE: 6.5 Acres


PROGRAM: Esplanade, Adventure Playground, Ampitheater, Native Riparian Buffer, Nature Trail
Cumberland Park demonstrates Nashvilles commitment to both its children and to sustainability through brownfield
remediation, floodplain preservation, stormwater harvesting, improved biodiversity, and interpretation of cultural
and natural resources. It is a park that showcases its distinctive site qualities to attract families for imaginative play,
events, and interaction with Nashvilles rich riverfront history. No two experiences will be the same in a park that
encourages free and organized play, exploration, learning, risk taking, and environmental awareness.

The park is an integral part of the larger city effort to encourage non-motorized transportation and use of public
transit, introducing a new trail head for cycle networks and greenways. The park also restores native riparian buffer,
reduces un-shaded pavement by 60%, increases native plant biodiversity 100%, utilizes regional materials and
manufacturers to stimulate local economy, and captures an estimated 1,000,000 gallons of stormwater annually to
be reused as irrigation. Cumberland Park and the neighboring redeveloped Bridge Building are the first constructed
phases of a master plan prioritized to draw residents and visitors back to the river and downtown.

The applicability of Cumberland Park to Lakeports lakefront relies strongly on the parks trail system and committment
to sustainability. The park provides a trail system that helps to tie the lakefront together, act as a greenway connection
for the community and provide recreation along the river. The habitat restoration aspect and natural interpretation
of the site can be directly tranlated to the waterfont at Lakeport and is an example of how the city can approach the
restoration and celebration of the natural landscape.

30 | Existing Information & Site Analysis


ATTACHMENT 2

LAKEPORT LAKEFRONT REVITALIZATION PLAN | 31


ATTACHMENT 2

PROJECT TITLE
32 | Existing | Project
Information City,
& Site State
Analysis
ATTACHMENT 2

3.0 PRELIMINARY
CONCEPTS

33
ATTACHMENT 2

3.1 PRELIMINARY CONCEPT ALTERNATIVES waters edge, terminating at the point at Dutch Harbor.
With the design teams assessment of the site Additional areas for gathering are provided and a large
and market conditions, input from the community beach area with a boathouse and public pier adjacent
and stakeholders and the teams experience with to the beach creates the focal point for the park and
other waterfront projects, preliminary concepts waterfront area. The boathouse can accommodate uses
were prepared that captured ideas and various uses such as a caf, small store and snack shop.
expressed. While each alternative has similarities, there CIT Y/ LUSD PROPERT Y
are aspects unique to each concept. The following A large waterpark facility including an outdoor
summarizes key elements and how they vary with each swimming pool and anchored by a community and
alternative. recreation center is suggested. The water park provides
opportunities for a wide demographics of users and the
PROMENADE
swimming pool is designed to accommodate regular
Improvements and the extension of the promenade
lap swimming along with competitive swimming
along the waterfront ranked high in public opinion. Each
events. The community and recreation center would
of the alternatives include extending the promenade
include uses for the residents and visitors along with
from Third Street Boat Ramp to the point at the
space available to rent for events such as weddings and
entrance to Dutch Harbor. There is a strong desire to
conferences.
continue the promenade south through the Willow Point
area to C Street and north to Clear Lake Avenue yet this
To the north of the center, a childrens adventure play
would require gaining access across private property.
area and a non-motorized launching and storage area at
For planning purposes, these connections are not
Dutch Harbor is suggested. The harbor includes areas
shown on the alternatives yet are discussed within the
for mooring vessels when not in use. The center fronts
final master plan section of this document.
onto a large open lawn area designed to accommodate
CIT Y/ LUSD PROPERT Y a wide range of activities such as informal play, dog
Combined, these two properties offer the opportunity park, special events, etc.
for providing improvements in the lakefront area on
publicly-owned land. This includes all the property that
PARKING AND CIRCUL ATION
fronts onto Main Street from Ninth Street to Sixth street
Parking and a drop-off area for the proposed community
to the lake.
center is provided adjacent to the facility. An improved
PARKING AND CIRCUL ATION access from Seventh Street is proposed along with a
With suggested improvements along the waterfront connection to the existing parking area to the south.
and the City and LUSD properties, modifications to The existing parking has remained unchanged with the
the existing parking areas as well as providing access following exceptions:
and additional parking on the City and LUSD properties The boat trailer parking space north of the Fifth
were suggested with each alternative. In all the Street boat ramp and adjacent to the lake has been
alternatives, providing improved pedestrian access to changed to car parking to increase the land available
and along the lakefront area is proposed. for improving the waterfront area for public use.
HOTEL DEVELOPMENT OPPORTUNIT Y The parcel of City-owned property at the end of
As identified in the market assessment and expressed Fourth Street has reorganized the existing surface
by the City and community members, a hotel location parking and creates a small pocket park.
in the downtown area was considered when developing HOTEL DEVELOPMENT OPPORTUNIT Y
the alternatives. The hotel use for this alternative is proposed for
the Willow Point/ C Street properties as shown on
3.2 ALTERNATIVE 1 Exhibits 1A and 1B. Since this is on private property,
PROMENADE these are representations of the type of lodging that
This alternative continues the promenade from Third can be accommodated and would support market
Street to Sixth Street with a similar design that exists in assessment. The following is a summary of each of
front of Library park. This includes areas for gathering these alternatives.
and enjoying the lake, opportunities for interpretation
and designed to accommodate displays or booths
during special events. From Sixth Street the promenade
becomes an informal trail that meanders along the

34 | Summary of Real Estate Market Assessment


ATTACHMENT 2

LAKEPORT LAKEFRONT REVITALIZATION PLAN | 35


ATTACHMENT 2

WILLOW POINT/ C STREET EXHIBIT 1A


Exhibit 1A suggests a hotel and conference center on the Willow Point property that is
north of Forbes Creek and new restaurant and retail center in place of the existing structure
adjacent to the boat ramp at First Street. South of Forbes Creek a full hook-up Recreational
Vehicle (RV) campground is proposed. This includes a check-in facility and small convenience
store. The site includes a portion of the Willow Point property and the parcel that is accessed
from C Street.

Third Street

Library Park
Second Street
Main Street

First Street

Armstrong Street

Martin Street

C Street

36 | Summary of Real Estate Market Assessment


ATTACHMENT 2

WILLOW POINT/ C STREET EXHIBIT 1B


Exhibit 1B also suggests a hotel and conference center yet the restaurant and retail
is included in the hotel. In addition to the hotel, small cabins organized around Forbes
Creek provides another lodging opportunity and would be serviced by the Hotel. The RV
campground for this alternative is modified to be within the property boundary that is
accessed from C Street.

Third Street

Library Park
Second Street
Main Street

First Street

Armstrong Street

Martin Street

C Street

LAKEPORT LAKEFRONT REVITALIZATION PLAN | 37


ATTACHMENT 2

3.3 ALTERNATIVE 2
PROMENADE
In contrast to Alternative 1, the promenade is more organic in form
and design north of the existing promenade at Library park. This
provides the opportunity for improving wildlife habitat along the
edge while introducing smaller beach areas for public use. The
promenade terminates at an open pavilion iconic feature accessible
by the public and visible from the lake.
CIT Y/ LUSD PROPERT Y
A 70-90 room hotel along with on-site parking is proposed on the
property owned by the City. Improvements along the front of Dutch
Harbor provides gathering areas for hotel patrons as well as areas
available for public use. A large lawn organized around a band shell
provides a flex space that can be used for organized and informal
play as well as provide a venue for concerts and special events. For
this alternative an enclosed dog park is suggested yet could also
accommodate uses such as a skate park or a modest water park. A
childrens adventure play area similar to Alternative 1 is proposed
north of the existing Fifth Street boat ramp parking area along with a
boathouse that can accommodate public storage for non- motorized
vessels.
PARKING AND CIRCUL ATION
Like Alternative 1, access from Seventh Street and the existing
parking lots is suggested. In this case a modest amount of parking
is proposed to support the park uses during the day and can be
expanded if needed. A new, highly visible pedestrian connection
from Main Street to the lake is proposed at Seventh Street. The
existing parking has remained unchanged with the following
exceptions:
The boat trailer parking space north of the Fifth Street boat ramp
and adjacent to the lake has been changed to car parking to
increase the land available for improving the waterfront area for
public use.
The parcel of City-owned property at the end of Fourth Street
has reorganized the existing surface parking to create a larger
park area than shown in Alternative 1.

HOTEL DEVELOPMENT OPPORTUNIT Y


The hotel for this alternative is proposed on City-owned property.
Since the current land use allows for this type of use, the City has
options on how the hotel may be constructed including a joint public
private venture to leasing or selling the property to an interested
buyer. Shown on the illustrative plan is a two story, 60-80 room
hotel oriented with views of the lake, the proposed park and fronting
on Main Street. Surface parking is proposed as a buffer between the
hotel and the adjacent hotel to the north. Improvements to Dutch
Harbor will enhance the visitors experience.

38 | Summary of Real Estate Market Assessment


ATTACHMENT 2

LAKEPORT LAKEFRONT REVITALIZATION PLAN | 39


ATTACHMENT 2

3.4 ALTERNATIVE 3
PROMENADE
The promenade in both 3A and 3B are similar to what is proposed
in Alternative 2 until it reaches Dutch Harbor. At this point the
promenade is more of a boardwalk and pier and is integrated into the
improved marina in both function and appearance. The boardwalk
leads to a proposed pier that extends east into the lake. No beach
areas are proposed yet this could result in a larger area for improving
wildlife habitat.
CIT Y/ LUSD PROPERT Y
Alternative 3 explores a mixed-use concept for the property owned
by the City. The portion that fronts onto Main Street includes
approximately 10,750 sf of retail development while the remainder
of the site accommodates a community center which includes
multipurpose rooms, day care, youth and senior needs and facilities
focused on waterfront activity. This suggests improvements
both to the edge of the harbor as well as the harbor itself. As
part of the mixed use center, outdoor elements such as dining, a
modest childrens splash pad area and a place for uses such as
farmers markets and community gardens are included. Like other
alternatives, a large multi-purpose lawn adjacent to the water and in
front of the community center is shown.
PARKING AND CIRCUL ATION
Parking for these alternatives includes an extension of parking and
access to Seventh Street like other alternatives and a stand-alone
parking area for the mixed use area off Main Street and Ninth
Street. Because of the location of the hotel (described below) and
the outdoor areas associated with the hotel improvements, this
alternative converts Fourth Street into one way from Main Street to
the lake. The existing parking modifications include:

Removing the boat trailer parking between Fourth and Fifth


Streets and reorganizing the area to include vehicle parking and
outdoor public areas adjacent to the hotel site.

HOTEL DEVELOPMENT OPPORTUNIT Y


The hotel is located on land that is primarily on private property
with a small portion on City property. This hotel is similar in size
(60-80 rooms) as in Alternative 1 yet is located in the heart of the
downtown area. This location is preferred from an economic position
and better integration to the business area yet the Citys opportunity
to influence this is limited. The two-story hotel fronts onto Main
Street and architecturally can reinforce the character of historic
downtown. A public plaza east of the hotel provides the opportunity
for small-to-medium-sized events and amenities such as a small
conference center and outdoor pool and spa are provided for the
hotel guests. Surface parking is proposed.

40 | Summary of Real Estate Market Assessment


ATTACHMENT 2

LAKEPORT LAKEFRONT REVITALIZATION PLAN | 41


ATTACHMENT 2

3.5 ALTERNATIVE 3A
PROMENADE
The promenade in both 3 and 3A are similar to what is proposed
in Alternative 2 until it reaches Dutch Harbor. At this point the
promenade is more of a boardwalk and pier and is integrated into the
improved marina in both function and appearance. The boardwalk
leads to a proposed pier that extends east into the lake. No beach
areas are proposed yet this could result in a larger area for improving
wildlife habitat.
CIT Y/ LUSD PROPERT Y
The main difference is that in this alternative the retail development
has been removed and the community center has been expanded
to include a full recreation center including an indoor competitive
swimming pool. Uses such as a skate park and childrens adventure
play area are located immediately adjacent to the community/
recreation center. A large patio is provided to host outdoor
community functions.
PARKING AND CIRCUL ATION
Parking for these alternatives includes an extension of parking and
access to Seventh Street like other alternatives and a stand-alone
parking area for the mixed use area off Main Street and Ninth
Street. Because of the location of the hotel (described below) and
the outdoor areas associated with the hotel improvements, this
alternative converts Fourth Street into one way from Main Street to
the lake. The existing parking modifications include:

Removing the boat trailer parking between Fourth and Fifth


Streets and reorganizing the area to include vehicle parking and
outdoor public areas adjacent to the hotel site.

HOTEL DEVELOPMENT OPPORTUNIT Y


The hotel is located on land that is primarily on private property
with a small portion on City property. This hotel is similar in size
(60-80 rooms) as in Alternative 1 yet is located in the heart of the
downtown area. This location is preferred from an economic position
and better integration to the business area yet the Citys opportunity
to influence this is limited. The two-story hotel fronts onto Main
Street and architecturally can reinforce the character of historic
downtown. A public plaza east of the hotel provides the opportunity
for small-to-medium-sized events and amenities such as a small
conference center and outdoor pool and spa are provided for the
hotel guests. Surface parking is proposed.

42 | Summary of Real Estate Market Assessment


ATTACHMENT 2

LAKEPORT LAKEFRONT REVITALIZATION PLAN | 43


ATTACHMENT 2

3.6 KEY FINDINGS


L AKEPORT L AKEFRONT PUBLIC FORUM # 2 SUMMARY
The second Public Forum was held on Wednesday August 31, 2016. At this meeting, three alternatives for improving
the lakefront area were reviewed and discussed (see previous pages for alternatives). A key pad polling exercise
asking attendees their preference with each alternative was followed up by a public discussion. Like public forum #1,
information presented was available for review and questions asked available to answer online. In addition, City staff
made presentations to high school classes and provided fliers to encourage students, parents and facility to provide
input by taking the survey. Approximately 620 online responses were received. A summary of public comment and
the results of the online responses is provided in the Appendix.

LAKEPORT LAKEFRONT
REVITALIZATION PLAN
PUBLIC FORUM #2
COME SHARE YOUR OPINIONS WEDNESDAY, AUGUST 31
6:00 PM TO 7:30 PM
ON PROPOSED ALTERNATIVE CITY HALL
REVITALIZATION PLANS 225 PARK STREET
LAKEPORT

PLEASE TAKE 5 MINUTES TO COMPLETE THE SURVEY


ABOUT FUTURE LAKEFRONT IMPROVEMENTS:
HTTP://WWW.SURVEYMONKEY.COM/R/LAKEFRONT1

For More Info Contact:


Lakefrontplan@CityofLakeport.com
Ben Fish, Design Workshop
Daniel Chance, City of Lakeport
C L EA R L A K E
LIBRARY
PARK

PROJECT AREA
FORMAL
NATURAL
HIGH PARK STREET
CLEAR LAKE AVE.

1ST STREET

C STREET

MAIN STREET

Lakeport Lakefront Revitalization Plan

Public Forum #2
August 31, 2016

44 | Summary of Real Estate Market Assessment


ATTACHMENT 2

L AKEPORT L AKEFRONT PUBLIC FORUM # 2 RESULTS


Some of the key takeaways from Public Forum #2 reveal the most preferred elements from each alternative
presented and the least desired elements from each alternative. These results helped to drive the design of the
preferred alternative. In Alternative 1, the design element the community liked the most was the water park, while
the hotel location was least liked. The vairous aspects of Alternative 2 were more evenly distributed amongst what
was liked and what was disliked by the community, however the beach was most liked and the hotel and dog
park were tied for least liked. The pier was most liked in Alternative 3 while the hotel location was least liked. In
Alternative 3A, the community center with pool was most desired and hotel location, followed closely by the skate
park, was least liked.

LAKEPORT LAKEFRONT REVITALIZATION PLAN | 45


ATTACHMENT 2

3.7 PREFERRED ALTERNATIVE


Based on input from the community a preferred Informal play
alternative was prepared. This included an economic
Community and Special Events/ Concerts
assessment of the three alternatives which identified
the strengths and weaknesses from a market Family/ Group gathering facilities
perspective. While the preferred alternative still has Dog play/ park
variations, there were some aspects that while they had Skate park
some support from the community, they will have a Modest water play area
difficult time with funding and long-term operations and
Adventure play area
maintenance.
Beach (lake access, swimming, non-motorized uses)
Hotel: Seaplane landing ramps
When assessing the community regarding the location Boat house for storage of non-motorized vessels
of a hotel, there was marginal support for the idea. The (sculling, kayak, paddleboards)
hotel rarely ranked in the top three of elements people Caf/ snack shop/ food services near waterfront.
liked best from the alternatives yet ranked in the top
three of aspects least liked about the alternatives. Yet
Water Park:
in discussions with stakeholders and business owners,
The water park scored high when it came to public
the idea of a new upscale hotel in the downtown area
comment, yet when looking at the response in greater
was well supported, particularly if the hotel included
detail, much of the interest was from respondents in the
some type of conference/ meeting facilities. In addition,
under-29 age bracket. In addition, there was concern from
the market study identified the need for a modest-sized
the LUSD using District property that could be perceived
upscale hotel based on the current quality of hotel
as private use on public property. When reviewed from an
accommodations in Lakeport. For this reason a hotel
economic perspective, the demand for something of this
has been included in the preferred option.
scale was not warranted. For these reasons, along with
Community/ Recreation Center: the amount of public space needed for a single purpose,
There was some interest in providing a community and we have eliminated this from the range of uses, yet a
recreation center particularly when either the water park smaller level of water play should be considered.
or skate park were not part of the alternative. While
Promenade:
there has not been a community needs assessment
The lakefront promenade was consistently amongst
to determine if this type of facility is needed, rarely
the top three most liked programatic elements in all
do they generate enough revenue to offset being
of the alternatives. There is an opportunity to improve
subsidized. Yet throughout the process the need for
the existing promenade adjacent to Library Park, while
an upscale conference facility was mentioned. Some
extending it to the north and south in order to provide a
version or aspect of a center in this area should still be
more cohesive experience along the lake and improve
considered, particularly if there are some joint public-
connection.
private ventures that will provide community space and
availability for private use.
3.8 ECONOMIC ASSESSMENT OF HOTEL
Multi Purpose/ Use Open Area: ALTERNATIVES
The idea of improved open space was generally The three land use alternatives generally portray a hotel/
supported in all alternatives. Since most of it occurs on conference facility as a single development, which would
property owned by the City and the LUSD, providing presumably be a privately-owned and operated. This
public improvements is consistent with the polices represents a very specialized facility, particularly given
for each agency. Funding for improvements will that the market analysis indicated that a new downtown
need to be identified and the final design will require Lakeport hotel would likely be relatively small boutique
additional public engagement yet in general this area hotel under 100 rooms. It is uncommon for a boutique
with improvements will provide the biggest impact to hotel to have any significant amount of conference
improving the lakefront area for public use. The uses facilities, because boutique hotels typically operate on
listed below were identified and should be considered a limited service basis and do not usually include full
for the final design. food service, which is often needed to host conference
activities. As described in the market assessment, a

46 | Summary of Real Estate Market Assessment


ATTACHMENT 2

boutique hotel in the downtown area would help to


improve the economy for local downtown businesses.

With this in mind, and from a location perspective,


our recommendation is to situate the new hotel/
conference facility in a location that will create the best
synergy with the existing core downtown business
district generally between First Street and Sixth Street.
Alternative 3, which places the hotel/conference
center between Fourth and Fifth streets is most
advantageous. A hotel located in the downtown area
will provide patrons easy access to convenient dining
and shopping. In addition, proximity to the existing
Library Park and lakefront promenade areas allows
the hotel operator to leverage these existing public
Willow Point/C Street Hotel and Conference Center Exhibit 1A
features as amenities for hotel guests in the near term.

Alternative 1, with the hotel/conference facility


at Willow Point, and Alternative 2, with the hotel/
conference facility at Ninth Street, are both less
advantageous because of the separation from the
core downtown area by several blocks. However, the
Willow Point/ C Street area is large enough in size to
accommodate a larger hotel, other forms of lodging
and support facilities such as a conference center,
dining and recreation amenities.

3.9 KEY PRIORITIES


Based on public input and the economic assessment,
the following is a list of key priorities. Each of the
priorities in this list range in feasibility, from short-term
goals to long-term visions, yet they should all be kept
at the forefront of the Citys future efforts.
80 Room Hotel Alternative 2
Promenade
Additional Restaurants & Shopping
Improved Public Open Space (for special events
and general recreation)
Imrpvoed Waterfront Access
Hotel
Improved Circulation & Connectivity to Downtown
Community Recreation Center
Water Park

Boutique Hotel With Conference Alternative 3A

LAKEPORT LAKEFRONT REVITALIZATION PLAN | 47


ATTACHMENT 2

PROJECT TITLE
48 | Summary | Project
of Real Estate City,
MarketState
Assessment
ATTACHMENT 2

4.0
FINAL
RECOMMENDATIONS
& IMPLEMENTATION

49
ATTACHMENT 2

4.1 FINAL RECOMMENDATIONS AND Tourism Promotion


IMPLEMENTATION Tourism is generally a growing industry in California;
Implementation recommendations for the Lakeport however, many communities are aggressively working
Waterfront Revitalization Plan acknowledge the to increase their market shares. To increase Lakeports
challenges that small California jurisdictions face in competitiveness as a visitor destination and support
working to spur redevelopment and infill in the post- private investments in existing and new lodging,
Community Redevelopment Law era. Without the restaurants, shops and other tourist-serving businesses,
financing and development powers local governments the City should consider the possibility of allocating
in most cases must resort to more incremental financial resources and engage the local businesses to
approaches to revitalization. support an ongoing tourism marketing campaign. This
could include:
The strategy of incremental progress toward
public and private physical improvements in the Allocating a portion of the existing transient
occupancy tax revenues for tourism promotion
waterfront area can be extended to broad business
activities and/or establishing an additional
and economic development goals for the Lakeport occupancy tax levy that is specifically dedicated to
downtown/waterfront area. In addition to attracting tourism marketing, in the form of a TBID (Tourism
more development and related commercial activity Business Improvement District).
to waterfront properties, the waterfront plan also Expanding tourism marketing efforts to include
aims to promote overall revitalization within the activities such as advertising campaigns within
larger downtown Lakeport area. This should include targeted markets, expanding the roster of local
reinvestment in the form of improvements to existing special event promotion and management,
coordination of marketing activities with special
downtown buildings and public spaces, as well as
events that take place elsewhere around the county,
improved business performance for existing businesses, and joint marketing with nearby wineries and other
and more intensive use of existing buildings and tourist attractions to offer tourists a complete Lake
increasing sales revenues. County visitor experience.
Enhancing the current website. Currently downtown
We recommend that the Lakeport waterfront plan has a small presence on the Citys website and
be geared to facilitate a series of smaller actions that requires some navigation. Consider a downtown
can be taken individually and sequentially to achieve lakefront area that promotes the downtown area,
the desired long-term waterfront revitalization. This upcoming events and things to do in an easy
includes a focus on concentrating new public and and visually exciting format. Make key pieces of
marketing collateral available for download as PDF
private investments in the central part of the study files.
area, proximate to the existing lakefront promenade,
Growing a robust social media campaign. Social
Library Park, and the core downtown commercial
media is fast becoming one of the most vital, cost-
district, between First and Fifth streets. The existing efficient tools in tourism marketing. Effective use of
features in this area present the best opportunity for social media has been proven to boost the number
new projects to benefit from synergies with activities and length of visits, as well as visitor satisfaction
and visitor attraction that already occur in this area, and and number of return visits.
to help create further critical mass and energy that will Encouraging downtown businesses to use social
mutually reinforce the vitality of existing as well as new media. Work with downtown businesses to
development in the area. encourage them to engage in social media
especially ratings sites such as Yelp, Foursquare,
The longer- term strategy should be to build on the and TripAdvisor where people may already be
posting opinions about their businessesand
energy in the core area, and extend the waterfront to cross support the downtowns social media
activity south toward Willow Point and north toward presence.
Dutch Harbor, as funding allows further public
Strengthening downtowns Internet presence.
investment in the Lakefront promenade and the With most travelers using the Internet for vacation
LUSD Natural High site. The following provides planning, it is critical that downtown has a strong
recommendations for implementation. presence on the Internet to assist potential visitors
with information gathering about downtowns
This section provides recommendations aimed at activities, businesses and amenities.
improving Lakeports draw in tourism and reinvestment Improving the downtown wi-fi zone. Providing
of local businesses to strengthen the economic free wireless Internet access within the historic
conditions and improve the overall quality of the downtown core will aid visitors in accessing online
lakefront area physically and environmentally. information and encourage businesses to enhance
50 | Summary of Real Estate Market Assessment
ATTACHMENT 2

their online presence. There is an existing wi-fi stormwater runoff management techniques, to help
zone, but the City should investigate improving the improve Clear Lake water quality.
strength of the signal. Although it is beyond the scope of this project,
Developing a twelve-month calendar of smaller- the City may wish to consider the potential use
scaled events that create incentives to come to of post-Redevelopment financing tools such as
downtown. Communities across the nation have Enhanced Infrastructure Financing District (EIFD) or
found that hosting an event is a viable way to attract Community Revitalization and Investment Authority
visitors and residents alike to downtown and build (CRIA) to establish long-term funding streams for
additional foot traffic to spur economic activity. waterfront and downtown improvements.
People often need a reason or incentive to come to
downtown. Additional implementation activities that can assist
in the waterfront/downtown revitalization process
Building on existing events. The City, Lakeport
Main Street Association, Lake County Fairgrounds, could include certain incentives that would encourage
Lake County Chamber of Commerce, and other existing or new businesses to invest in the waterfront/
organizations, already host successful events in or downtown area. These could include:
near downtown. Downtown needs to fully take
advantage of these established events and look Waiver of plan check, building permit, and
for key opportunities to leverage these activities. inspection fees for improvements to waterfront/
It takes a great deal of resources and community downtown buildings.
support to launch a new event. Allowing restaurant or caf owners to utilize City
Creating a public arts program to promote the arts right-of-way in front of their businesses to develop
and culture unique to Lake County and specifically parklets that expand space for outdoor dining.
Lakeport. If this does not exist create a committee Giving existing downtown businesses that wish to
or commission to collaborate with creating and maintain their brick and mortar operations a right of
overseeing public art and performances. This first refusal to secure spaces for container or mobile
includes a wide range of art such as murals, three vendor spaces, if created in the waterfront area.
dimensional artwork and performances. Using art
and performances to elevate the awareness of local Environmental Conclusions &
artists by activating public gathering spaces, blank Recommendations
wall and vacant store fronts along Mains Street will The project area contains suitable habitat for special
help reinforce the communities commitment to status species and sensitive habitat areas that are
importance of art and culture in Lakeport. protected by state and/or federal regulations. The
Funding and Business Retention/Recruitment following studies are recommended to address potential
The City will require considerable resources to fully project-related impacts to sensitive biological and
implement public improvements within the plan area aquatic resources:
that are envisioned including funding to extend the
A jurisdictional delineation will likely be required to
waterfront promenade, develop a community center,
identify and map potential jurisdictional features
and make different types of public park improvements. within the project area that may be impacted by
To raise funds, the City could consider several measures project activities.
such as: Project impacts to jurisdictional waters, including
wetlands that typically require a Department of
Dedicating lease or sales revenues collected from
the Army permit from the USACE and a Water
private users who wish to utilize the Citys Dutch
Harbor property for private use towards waterfront Quality Certification from the RWQCB. Impacts
area improvements. to jurisdictional waters that also qualify as
streams, lakes or riparian habitat typically require a
Establishing concession agreements with Streambed Alteration Agreement from the CDFW.
businesses that may wish to utilize the public
spaces as a base of operations, such as a If potential USACE jurisdiction cannot be avoided,
the jurisdictional delineation should be submitted
watercraft rental business that might operate out of
with a request for an Approved or Preliminary
one of the boat ramp areas.
Jurisdictional Determination and the project would
If an area is established for container stores and/ be evaluated to determine if it would qualify for a
or mobile food vendors, the City could collect fees Section 404 Nationwide Permit or if an Individual
from businesses that wish to rent the spaces. Permit would be required to obtain USACE approval
Pursuing grant funds that may become available of the project.
from various sources that align with City goals. For Standard mitigation measures for impacts to
example, there may be opportunities to use grant waters of the U.S. and State would generally
funds that promote water quality improvement to include avoidance and minimization of impacts to
help underwrite the cost of waterfront projects jurisdictional features and compensatory mitigation
that would incorporate best practices in urban
LAKEPORT LAKEFRONT REVITALIZATION PLAN | 51
ATTACHMENT 2

for impacts to jurisdictional features where and then to relocate to other sites when local
avoidance is not practicable. demand is low.
Because the project area is located within the Pop-up stores, which could be open during
Mountain House Conservation Bank and the Seigler peak seasons and then mothballed during
Valley Wetland Mitigation Bank service areas, periods of low demand. Pop-up stores can be
purchasing mitigation bank credits is a potential a strategy for owners of vacant commercial
mitigation option. space in the downtown area to allow retailers
Botanical resource surveys will likely be required to temporarily occupy space during periods of
in grassy ruderal areas of the project area and high demand, or to allow creative use of vacant
should be conducted between March and June to space on an interim basis, such as for temporary
adequately identify bent flowered fiddleneck during art installations, performance venues, or other
its blooming period, if present. creative uses that help to create district vitality,
and improve upon the aesthetics of vacant store
Special Status and General Animal Species Project frontages.
implementation has the potential to impact fish
and wildlife within adjacent areas resulting from
increased noise, lighting, trash, and human
presence during construction which can be
mitigated with proper precautions and monitoring.
Temporary Facilities/Special Events
One challenge faced in almost all resort communities
is the seasonal nature of tourism. Business owners
face challenges in structuring their businesses in such
a way as to be able to meet high season demand,
but to control their fixed costs so that they are not
unduly burdened during off seasons and shoulder
seasons when revenues are low. There are several
types of alternative commercial formats to address
the challenges of stimulating increased commercial
activity in a tourist-driven, seasonal market. These
provide the opportunity for entrepreneurs to test out
new commercial concepts without the required level
of investment and risk involved with establishing a
conventional brick and mortar establishment.

If these alternatives prove successful, then the


entrepreneur may be able to expand their client base,
refine the concept, and develop the business over time
to be able to transition into a permanent bricks and
mortar facility. This incremental approach to business
development would increase the opportunity for short-
term revitalization activities that would create a positive
impact on the waterfront/downtown area and increase
the attractiveness for major investment, such as a new
hotel. Strategies that the City and local businesses
should explore include:

Container stores are made from re-purposed


shipping containers and could represent a relatively
low-cost way of providing commercial space for
seasonal activities such as kayak rentals, or for food
and beverage vendors.
Mobile vendors such as food trucks, represent
a strategy to allow business people to serve
waterfront area visitors when demand is high, such
as during special events and peak tourism season,

52 | Summary of Real Estate Market Assessment


ATTACHMENT 2

PREFERRED ALTERNATIVE DIAGRAM

PROJECT AREA
Clearlake Ave

11th Street

Forbes Street
Brush Street

High Street

Main Street
Resort Enhancement
10th Street
11th Street

Forbes Street
Brush Street

Main Street
High Street
Zone

10th Street 9th Street


Promenade
Lakeport

PROJECT AREA
Police
Dept.
9th Street
Multi Use/Event Space
Former Natural
High
Revitalization Area
7th Street FORMER NATURAL
HIGH

Main Street Business


District
6th Street
7th Street

PROJECT AREA
6th Street
5th Street Special Commercial
PUBLIC BOAT LAUNCH Public Boat Launch

Development Zone

5th Street 4th Street

Lakeport CLEAR LAKE


Fire Dept.
Public Launch and
4th Street 3rd Street Parking Area
PUBLIC BOAT LAUNCH Public Boat Launch

PROJECT AREA
Lake County Lake County
Superior Court Museum
City
Hall

3rd Street 2nd Street Lakefront


Library
Park
Commercial
Park Street

Lake County Lake County


Zone
Forbes Street

Main Street
Brush Street

Superior Court Museum


High Street

City
Hall
2nd Street
PUBLIC BOAT LAUNCH
Public Boat Launch

Library Park
1st Street
Forbes Street

Main Street
Brush Street

High Street

PROJECT AREA

1st Street

Lake
Armstrong Street Willow Point/
County
Career Forbes Cr
eek
C Street
Center
Revitalization
Area
Armstrong Street
FO
Martin Street RBES CR
E EK
PROJECT AREA

Soper Reese
Community
Theatre
Martin Street
PROJECT AREA

C Street

Lake County Lakeport Lakefront Revitalization Plan


Fair Grounds
City of Lakeport, California
NORTH 0 50' 100' 200'
ORIGINAL SCALE: 1"=100'

C Street

Lakeport Lakefront
LAKEPORT LAKEFRONT Revitalization Plan PLAN
REVITALIZATION Project Area
City of Lakeport,
LAKEPORT, CA CITYCalifornia
OF LAKEPORT DESIGN WORKSHOP
AUGUST 2016
LAKEPORT LAKEFRONT REVITALIZATION PLAN | 53
NORTH 0 50' 100' 200'
Landscape Architecture Land Planning Urban Design Tourism Planning
PO Box 5666 128 Market Street, Suite 3E Stateline, NV 89449-5666 775-588-5929

ORIGINAL SCALE: 1"=100' June 24, 2016


ATTACHMENT 2

4.2 OPPORTUNITIES, CONSTRAINTS AND RECOMMENDATIONS BY ZONE


The following breaks down the project site into nine different zones. An overview, opportunities, constraints and a
series of both short-term and long-term recommendations are provided for each zone. The subsequent zones are:
1. The Resort Enhancement Zone 6. The Promenade
2. The Multi-Use/Event Space Revitalization Zone 7. Library Park
3. The Public Launch and Parking Area 8. Willow Point/C Street Revitalization Area
4. The Special Commercial Development Zone 9. Main Street Business District
5. The Lakefront Commercial Zone

RESORT ENHANCEMENT ZONE

AREA DESCRIPTION :
This includes the private property south of Clear Lake Avenue to City-owned property near Tenth Street:
This area consists of five hotel/motel businesses, one mobile home park and many of the properties have
private piers and boat slips. (8.5 acres)

SUMMARY OF EXISTING USES:


Currently identified as the Private Motel Zone consisting of hotels, motels, trailer park and a restaurant is
zoned R-5 (Resort/High Density Residential). These visitor-serving businesses represents an important part
of the success of the lakefront. This is the only area currently serving tourist and transient visitors fronting
onto Clear Lake in the City of Lakeport. There are a few retail / restaurant establishments that front Main
Street.

CONSTRAINTS:
The Private Motel Zone consists of narrow parcels limiting the potential for future expansion without
consolidating parcels. While important to the economy of Lakeport, many of the units available lack the
quality and unit size to accommodate retired couples looking for a higher quality of stay and larger family
groups in need of larger units and amenities. Because of private ownership, the opportunity to provide a
waterfront public promenade to Clear Lake Avenue is currently limited.

OPPORTUNITIES:
The proximity to downtown (5-10 minutes walking) and lakefront access, leveraging these aspects is critical.
In addition, by working with the City to develop an attractive public promenade from this zone will provide
patrons with a safe enjoyable walk to downtown businesses and special events throughout the season
resulting in higher daily room rates.

54 | Summary of Real Estate Market Assessment


ATTACHMENT 2

SHORT-TERM RECOMMENDATIONS: LONG-TERM RECOMMENDATIONS:


To ensure tourist accommodations continues to Identify funding opportunities and possible public/
be the prime use in this area, the City should private partnerships to extend a pedestrian
consider amending the R-5 (Resort/High promenade along the shoreline.
Density Residential) zoning district to eliminate Work with property owners to improve and expand
residential uses as a stand-alone use and marina uses including the possible use of nearby
prioritize resort commercial uses. Dutch Harbor.
The City should consider developing a program Expand visitor serving retail uses to complement
to assist and incentivize property owners to existing hotel/motel uses through private and public
expand commercial visitor serving uses on their funding opportunities.
properties.
Work with regional economic development
When consolidation and redevelopment occur, organizations and destination marketing
waiver of plan check, building permit, and organizations to develop strategies to expand busy
inspection fees for improvements for hotel uses season beyond just the summer months.
should be considered.
Consider the creation of a hotel lodging association
The City should consider use of Transient and/or destination marketing organization
Occupancy Tax (TOT) and other available association for this area.
funding mechanisms to fund faade and
streetscape improvements in this area.
Work with property owners to provide a public
access easement along the waterfront to allow
for the promenade to connect from Clear Lake
Avenue to Dutch Harbor
Encourage the development of conference/
event use areas into existing facilities for small
to medium size events

LAKEPORT LAKEFRONT REVITALIZATION PLAN | 55


ATTACHMENT 2

RESORT ENHANCEMENT ZONE EX AMPLE IMAGES

56 | Summary of Real Estate Market Assessment


ATTACHMENT 2

EX AMPLE IMAGES

LAKEPORT LAKEFRONT REVITALIZATION PLAN | 57


ATTACHMENT 2

MULTI USE/EVENT SPACE REVITALIZATION ZONE

AREA DESCRIPTION :
This zone includes the land owned by the City (Dutch Harbor site) and the Lakeport Unified School District
(LUSD) (Natural High site) and fronts Main Street to the west and the lake to the east. There is one
privately-owned parcel to the east surrounded by the lake on three sides and access to this private parcel is
landlocked. This area is approximately 7.4 acres in size.

SUMMARY OF EXISTING USES:


This area is primarily undeveloped yet has existing parking and the former high school on the Natural High
Site and a small retail shop on the Dutch Harbor site. The land is used informally as a dog area, for fishing,
storage of sculling vessels and by the homeless.

CONSTRAINTS:
The primary constraint is with the LUSD retaining ownership the City does not have a stronger position on
how this area will be used in the future is the ownership and uses of the LUSD property. While there is a
good relationship with the City and LUSD, concerns have been expressed by the LUSD regarding private
business operations on their property. The privately-owned parcel to the east of the LUSD will need to be
addressed.

OPPORTUNITIES:
There is an overwhelming public desire to maintain views of the lake from Main Street as well as to see
this area remain available for public use including opportunities for mixed open space use, formal special
event spaces and passive recreational opportunities when events are not occurring. Because of the current
Resort Residential land use in the general plan, this area can accommodate a wide variety of community
and tourist uses. The alternatives described previously in this document illustrates the range of uses that
may be accommodated in this zone. Because market conditions will inform the use in the future, the
following summarizes scenarios that may occur.

58 | Summary of Real Estate Market Assessment


ATTACHMENT 2

DUTCH HARBOR SITE SCENARIOS: providing a different site for a community center as
PRIVATE DEVELOPMENT ON DUTCH HARBOR shown in Alternative 3 and 3a. This could provide
SITE a facility to house many of the community water-
The City can help facilitate private development on related activities and if the LUSD site is developed
the Dutch Harbor site. This could include a hotel as a public park, it can leverage the relationship.
facility as shown on Alternative 2 or commercial as While it could be designed to be flexible for use as a
shown on Alternative 3. The City could help write conference center, its location is less advantageous
down the cost of such a project by contributing the for this use.
land, or possibly selling the property to a private
developer. This is logical, as the City has limited NATURAL HIGH SITE SCENARIOS:
other tools that it can use to try to encourage private LUSD RETAINS OWNERSHIP OF NATURAL HIGH
development and, specifically, a hotel. If the LUSD desires to retain ownership yet is willing
and interested to work with the City to improve
The City could also use the Dutch Harbor site the two combined properties, then this site is large
for other uses such as waterfront residential or enough to accommodate a wide variety of public
a relocation-site for businesses that might be uses. Alternatives 2, 3 and 3a illustrate various
displaced from the core downtown commercial ways to accommodate additional parking, creating
area because of private redevelopment activities. a larger flexible multi-use space and opportunities
This alternate use may generate sales proceeds or for other specific uses such as play areas, dog areas,
ground lease revenues that will allow the City to skateboarding, boathouse and improvements to the
direct proceeds to assisting a desired hotel project waterfront. Alternative 1 shows a community facility
located in the core area. on the property yet for this to occur it will most
likely require a joint effort with the City.
PUBLIC FACILITIES ON DUTCH HARBOR SITE
If there is a strong desire for a community center,
the City could use this site to shoulder the cost of

LAKEPORT LAKEFRONT REVITALIZATION PLAN | 59


ATTACHMENT 2

MULTI USE/EVENT SPACE REVITILIZATION ZONE


CITY PURCHASES LUSD NATURAL HIGH SITE City to prepare a site master plan for the Multi Use/
If the City purchases the site from the LUSD, this Special Events Open Space Zone to:
will provide greater flexibility on how the City Include uses expressed by the community and
proceeds with the revitalization of the lakefront area. summarized in the preferred alternative in the
With the Resort Residential land use designation, Lakeport Lakefront Revitalization Plan
this could encourage commercial development Address connectivity to the Resort Zone to the
closer to the downtown area while maintaining a north and the public parking and boat launch
zone to the south.
large park space that is important to the community.
None of the alternatives have shown a City-owned Include additional public engagement as a
greater level of design evolves.
scenario yet Alternative 3a shows a conference
center next to a new hotel downtown on private Identify community groups and clubs (such as
property and that facility can be located on Natural the Lakeport Sculling Club) to identify facility
needs and financing opportunities to develop a
High and still be near the downtown hotel site. boathouse for storage of non-motorized water
vessels.
With the previous scenarios in mind, the following are
short-term and long-term recommendations for this zone. Develop a business strategy to include
opportunities for retail and commercial property
that support the types of uses included in the
SHORT-TERM RECOMMENDATIONS: master plan.
City to prepare a property value assessment for the
privately-owned parcel to the East of the LUSD site Work with Lake County Chamber of Commerce,
with the goal of acquiring for public use. Lakeport Main Street Association, seaplane
and boating groups to identify current and
City should evaluate the value of the Dutch Harbor potential uses appropriate for the site and the
site for purposes of sale or land swap to fulfill other type of facilities needed to support these events
options described in this study. including temporary food and beverage.
City and LUSD to develop a memorandum of Include a phasing plan that identifies funding
understanding (MOU) about short-term and long- needs for implementation.
term use of the property that should consider:
The City should amend the General Plan land use
Removal of existing structure and general map for the Natural High property from Resort/
cleanup of the site. High Density Residential to Open Space. The
Selectively clear overgrown vegetation to open City should also consider adding a specific General
up views and access to the lake and develop Plan policy to the Land Use Element allowing for a
beach areas. possible Lot Line Adjustment between the Dutch
Harbor property and Natural High property to
Improve connections between the two make the Dutch Harbor site are more developable
properties and the parking area to the south to parcel for a Hotel or similar resort commercial use.
promote public use on a limited basis. Proceeds from sale of Dutch Harbor could assist in
Address issues with illegal camping, trash and funding open space improvements to Natural High.
public safety in this area.
Consider removal of fence and vegetation at LONG-TERM RECOMMENDATIONS:
northern and southern property boundaries City to identify and secure funding opportunities
for implementation of recreational uses along
Establish options for the combined sites to with a short-term and long-term operations and
include joint venture opportunities, City purchase maintenance plan. This may also include the LUSD if
of the property and opportunities for public/ it has retained ownership.
private development.
City to work with seaplane and boating groups for
Develop potential beach areas. implementing facilities in locations identified in the
Evaluate the feasibility of small start-up site master plan.
commercial sales and food vendors. Continue to promote the use of this area for
Consider the development of through access community special events. Consider fee increases
from Fifth Street boat ramp parking area to for permitted events and possible ordinance revision
Seventh Street area. to allow vending. Collected fees should be utilized
Evaluate option for the locating of non- to assist in the funding of open space improvements
permanent visitor serving commercial uses and outlined in this plan.
food vendors.

60 | Summary of Real Estate Market Assessment


ATTACHMENT 2

MULTI USE/ EVENT SPACE REVITALIZATION ZONE DESIGN ALTERNATIVES

Multi Use/ Event Space Revitalization Zone Alternative 2

Multi Use/ Event Space Revitalization Zone Alternative 3

Multi Use/ Event Space Revitalization Zone Alternative 3A

LAKEPORT LAKEFRONT REVITALIZATION PLAN | 61


ATTACHMENT 2

MULTI USE/EVENT SPACE REVITILIZATION ZONE EX AMPLE IMAGES

62 | Summary of Real Estate Market Assessment


ATTACHMENT 2

EX AMPLE IMAGES

LAKEPORT LAKEFRONT REVITALIZATION PLAN | 63


ATTACHMENT 2

PUBLIC LAUNCH AND PARKING AREA

AREA DESCRIPTION :
This zone provides public parking for vehicles with and without boat trailers, public boat ramps and support
facilities. It is bound by the LUSD property to the north, Library Park to the south and by private property to
the west. The area is approximately 4 acres in size. City offices and the businesses comprise the Lakeport
Business District.

SUMMARY OF EXISTING USES:


In addition to parking, there are two public boat launches, restroom facilities, waste disposal station and the
City-owned building currently leased to the Yacht Club. The water edge is marginally improved and some of
the adjacent businesses support the boating industry.

CONSTRAINTS:
The historical needs to accommodate boat launching and parking with trailers is refleced in the current
conditions. This has created a vehicle-dominated situation impacting the physical and visual quality of
the waterfront from a pedestrian experience. Public boat access to the lake and special events such as
the bass fishing derbies provide important revenue to the City and local businesses yet also impacts the
opportunity for an exceptional pedestrian waterfront experience.

OPPORTUNITIES:
With the opportunity to expand parking into the LUSD site to the north as shown in all the alternatives
and reconfiguring the current movements of vehicles, there is opportunity to create a better pedestrian
experience along the water, strengthen the connection to downtown and create additional parks and open
space for the community and visitors. Unique to Alternative 3 and 3a (new hotel in downtown) is the idea
to limit direct access to the waterfront parking at Fourth Street. This will allow for closing this street off
during special events without impacting access to the lake.

64 | Summary of Real Estate Market Assessment


ATTACHMENT 2

SHORT-TERM RECOMMENDATIONS: LONG-TERM RECOMMENDATIONS:


City to develop a waterfront strategic task force Identify and secure funding opportunities related to
to evaluate current and future needs for boat- storm-water management and lake water quality to
related needs and facilities to help in informing the be used for renovation of parking areas.
reconfiguration of the parking and boat launch area. Consider relocating the waste disposal station near
This should also include ways to improve access to the water to a location that is easily accessible yet
Lakeport by boat and increase revenue opportunities not in the promenade area.
with the marina.
Evaluate the lease terms with the Yacht Club and
Based on the outcome of the task force, the site determine if allowing a waterfront business such
master plan should consider this information while as a caf or small convenience store may help
balancing the importance of improved and expanded activate the waterfront area. Alternatively, consider
public amenities and pedestrian connectivity to renovating the building to include commercial
downtown. kitchen and event/conference center space until a
Consider establishing concession agreement with larger facility can be constructed.
businesses that may wish to utilize the public Evaluate economic feasibility of expanding and
spaces as a base of operations (restaurants, improving the existing marina facilities in the Public
vendors, watercraft rentals) Launch and Parking Area.
Enhance pedestrian connectivity between the
Downtown and the existing promenade in this area
by providing pedestrian paths along Third, Fourth
and Fifth Streets through the existing parking areas.

LAKEPORT LAKEFRONT REVITALIZATION PLAN | 65


ATTACHMENT 2

PUBLIC LAUNCH AND PARKING AREA


PUBLIC L AUNCH AND PARKING AREA DESIGN ALTERNATIVES

Public Launch and Parking Area Alternative 2

Public Launch and Parking Area Alternative 3A

EX AMPLE IMAGE

66 | Summary of Real Estate Market Assessment


ATTACHMENT 2

EX AMPLE IMAGES

LAKEPORT LAKEFRONT REVITALIZATION PLAN | 67


ATTACHMENT 2

SPECIAL COMMERCIAL DEVELOPMENT ZONE

AREA DESCRIPTION :
This includes private property between Fourth and Fifth Streets that front on Main Street and are bound
by City-owned property to the east that is currently used for parking. City parcel information shows five
parcels and combined they amount to approximately 1.7 acres.

SUMMARY OF EXISTING USES:


This zone is comprised of auto body, truck and camper shell sales and a single-family dwelling. Although
designated as part of the Community Business District by the zoning ordinance, current land uses are not
compatible with either the Historic Downtown or waterfront visions.

CONSTRAINTS:
While not as narrow as some of the parcels in the Resort Enhancement Zone, the size of each parcel
limits the redevelopment opportunities. For parcels without Main Street frontage, visibility is an issue. If
positioning these combined properties for a new hotel site as suggested in Alternative 3 and 3a, purchasing
and consolidating the parcels could be challenging. In the event redevelopment, such as a hotel does occur,
existing infrastructure will need to be evaluated to ensure it can accommodate an increase in use.

OPPORTUNITIES:
Because of the Main Street frontage, and proximity to the waterfront area, the property in the Special
Commercial Development Zone is well positioned for increased development. Over half the site consists
of surface parking and the existing buildings are primarily warehouse type structures which are relatively
easy to remove. Of the three sites explored in this study, the market assessment identified this site as
the preferred for the location of a 60- 80 room new hotel within the study area. A hotel located in the
downtown area will provide patrons easy access to convenient dining and shopping. In addition, proximity
to the existing Library Park and lakefront promenade areas allows the hotel operator to leverage these
existing public features as amenities for hotel guests in the near term.

Alternatives 3 and 3a shows the hotel located on land that is primarily on private property with a small
portion on City property. This hotel is similar in size (60-80 rooms) as in Alternative 1 yet is in the heart
of the downtown area. This location is preferred from an economic position and better integration to the
business area yet the Citys opportunity to influence this is limited. The two-story hotel fronts onto Main
Street and architecturally can reinforce the character of historic downtown. A public plaza east of the hotel
provides the opportunity for small-to-medium-sized events and amenities such as a small conference
center and outdoor pool and spa provided for the hotel guests. Surface parking is proposed.

68 | Summary of Real Estate Market Assessment


ATTACHMENT 2

SHORT-TERM RECOMMENDATIONS: Reinforce the historic appearance of Main Street


City should meet with property owners to discuss with design standards for development in this area.
their short-term and long-term plans Discussion Any development improvements should include
should include the feasibility of a hotel on this site. elements that enhance the connectivity between
. If a hotel is determined to be infeasible in this the Downtown and waterfront areas.
area, the City should push for the establishment
of a more traditional historic Main Street look for LONG-TERM RECOMMENDATIONS:
this block with a possible plaza and lake oriented Construct a publicly-owned community center in the
businesses facing the waterfront. City should lakefront area as shown in Alternative 3a that will:
incentivize the relocation of existing businesses to Accommodate uses such as weddings,
other City owned properties. receptions, fund-raisers, banquets, as
community uses such as youth events, senior
When available, City should consider purchasing
citizen activities and community meetings.
proprieties particularly if adjacent to current City-
owned property. Lease out the center for conference activities
associated with the hotel, special events
Evaluate a partnership with a hotel developer to organized by others .
work with property owners (or representatives) and
develop the process for developing a new hotel in
this location.
When consolidation and redevelopment occur,
waiver of plan check, building permit, and inspection
fees for improvements for hotel should be
considered.
Evaluate the community and conference needs for a
new conference center and develop strategies that
locate, fund and build a multi-use facility near hotel
site.

LAKEPORT LAKEFRONT REVITALIZATION PLAN | 69


ATTACHMENT 2

SPECIAL COMMERCIAL DEVELOPMENT ZONE


SPECIAL COMMERCIAL DEVELOPMENT ZONE ALTERNATIVES

Public Launch and Parking Area Alternative 3

Public Launch and Parking Area Alternative 3A

EX AMPLE IMAGES

70 | Summary of Real Estate Market Assessment


ATTACHMENT 2

EX AMPLE IMAGES

LAKEPORT LAKEFRONT REVITALIZATION PLAN | 71


ATTACHMENT 2

LAKEFRONT COMMERCIAL ZONE

AREA DESCRIPTION :
This area includes the parcels immediately adjacent to the waterfront area to the east, bound by the
Downtown District to the west and between First and Third streets. The Lakefront Commercial Zone
benefits from its immediate adjacency to the lake, Library Park and walking distance to downtown, totalling
approximately 4.6 acres in size.

SUMMARY OF EXISTING USES:


Areas located adjacent to Library Park provide the purpose for residents to visit this area on a regular basis.
Because of the size of the parcels, the commercial businesses in this area are small and often rely on public
parking to accommodate visitors. Commercial uses vary yet turnover of businesses in this area seems
to be high. The alley between Second and Third streets is underutilized with the potential to extend the
pedestrian alley from First Street to Fourth Street.

CONSTRAINTS:
Like other areas within the study area, the size of the parcels limits reinvestment and redevelopment
restrict larger businesses establishments. Lack of visibility for those traveling through the City on Main
Street is also an issue. Even with City Hall and Library Park located adjacent, the area seems to struggle
with developing and maintaining a vibrant business district.

OPPORTUNITIES:
The greatest asset this area has is the lakefront location and proximity to City Hall. Ample parking ensures
those patronizing the businesses will find a place to park for most the time. While the parcels are small one
popular restaurant that could serve as a model for redevelopment is Park Place located north of City Hall.
The City has an interest in improving the economic conditions in this area and can assist where possible to
see this occur.

72 | Summary of Real Estate Market Assessment


ATTACHMENT 2

SHORT-TERM RECOMMENDATIONS: Redevelop existing alley between Second and


Market existing vacant commercial buildings in Third Streets.
this area to attract commercial establishments Consider the purchase of the vacant lot at the
that cater to waterfront visitors (ice cream shop, northwest corner First and Park Streets for use as
deli, souvenirs, etc.) additional parking or potential pop-up lake oriented
The City should work with businesses owners business location.
adjacent to the City owned alley between 2nd and Work with Main Street property owners to develop
3rd Streets to develop a pedestrian walkway with a pedestrian alley from First to Fourth Streets with
enhanced commercial sales opportunities. enhanced commercial sales opportunities.
Improve wayfinding signage between Downtown Encourage existing shops to provide access to
and waterfront in this area. Consider the placement Main Street shops from alley.
of public art and murals in the area to further
reinforce connectivity of Downtown and the Develop program to improve building facades
waterfront. fronting alley.
Allow temporary vending and pop-up
LONG-TERM RECOMMENDATIONS: restaurants with outdoor eating areas to
City should continue to implement unconstructed locate in this area to contribute to a street faire
elements of the original downtown improvement atmosphere that encourages people to visit this
plan to promote better pedestrian connectivity area.
between Downtown and the Waterfront area.
These features include, but are not limited to:
Widening sidewalks and the placement of street
trees on First, Second and the west side of Park
Streets (similar to Downtown Improvement
Phase I features provided for Third Street.)
Raised plaza at intersection of Park and Second
Streets in front of the historic Carnegie Library
Building.

LAKEPORT LAKEFRONT REVITALIZATION PLAN | 73


ATTACHMENT 2

LAKEFRONT COMMERCIAL ZONE EX AMPLE IMAGES

74 | Summary of Real Estate Market Assessment


ATTACHMENT 2

EX AMPLE IMAGES

LAKEPORT LAKEFRONT REVITALIZATION PLAN | 75


ATTACHMENT 2

PROMENADE

AREA DESCRIPTION :
The Promenade currently is limited to the waterfront area along Library Park and up to the Fifth Street
boat ramp. It is currently 540 feet in length and is generally about 10 feet wide. Extending the waterfront
promenade from Library Park south to C Street and north to Clear Lake Avenue was highly supported by
the community.

SUMMARY OF EXISTING USES:


The existing promenade east of Library Park is well designed and provides access to the City-owned and
operated docks. It is also where most people who want to swim access the lake and at times portions are
occupied by the homeless. The area between Third and Fifth streets is less developed yet does provide
pedestrian connection to Library Park.

CONSTRAINTS:
Issues with gaining public access across private property will be a challenge. The City can possibly
work with the property owners yet in many situations current site conditions do not lend themselves to
accomplish this except possibly the Willow Point/ C Street properties where there is area to achieve this.
The City in conjunction with the LUSD can extend the promenade from Fifth Street to Dutch Harbor yet the
private parcel ownership east of the LUSD site will need to be resolved. Costs to construct and build the
new promenade with be an issue.

OPPORTUNITIES:
Because of the wide community support, moving forward with improvements to the waterfront area will
generally be embraced by the community. The area east of the LUSD currently has limited use yet with
short-term and long-term improvements this area can provide a different experience along the waters
edge as illustrated in the various alternatives. The environmental assessment identified nonnative/invasive
species so there may be opportunities to access water quality funding and implement improvements along
this area. The recent flooding, portions of the existing promenade adjacent Library Park was damaged
with the undermining of the retaining wall. While unfortunate, this does provide the opportunity to develop
design for the entire promenade and improve a larger part of the waterfront area.

76 | Summary of Real Estate Market Assessment


ATTACHMENT 2

SHORT-TERM RECOMMENDATIONS: LONG-TERM RECOMMENDATIONS:


The City should develop a plan that identifies Secure funding to purchase easements or finalize
the location, cost estimates and design for methods to obtain easements without purchasing
the extension of the promenade from Library land for areas where promenade crosses private
Park to Dutch Harbor. The plan should provide property.
a prioritization of sections for development.
Promenade design should be compatible and Work with private property owners to provide a
consistent between the entire project area. public access easement along the waterfront to
Promenade location within the Multi-Use/Special allow for the promenade to connect from 1st Street
Events Open Space Zone should be designed to to C Street and Clear Lake Avenue to Dutch Harbor.
allow for various uses presented in this plan (i.e., This easement should include access to Clear Lake
beach access, seaplane access, piers, etc.) and possible areas for pop-up/kiosk type resort and
visitor serving commercial uses. Promenade design
Identify funding opportunities related to storm-water should be compatible and consistent between the
management and lake water quality to be used for entire project area.
renovation of lakefront area.
Identify funding opportunities (sponsors, grants)
related to public access and lake water quality
improvements.
Secure funding for lakefront improvements for
sections where promenade is adjacent to public
property.
The promenade should incorporate wayfinding
signage.

LAKEPORT LAKEFRONT REVITALIZATION PLAN | 77


ATTACHMENT 2

PROMENADE EX AMPLE IMAGES

78 | Summary of Real Estate Market Assessment


ATTACHMENT 2

EX AMPLE IMAGES

LAKEPORT LAKEFRONT REVITALIZATION PLAN | 79


ATTACHMENT 2

LIBRARY PARK

AREA DESCRIPTION :
This is in the heart of the improved portion of the lakefront area and is bound by Park Street to the west,
Third Street and parking to the north and First Street to the south. It is approximately three acres in size and
historic Carnegie Library is located within the park.

SUMMARY OF EXISTING USES:


The park is the primary public space within the downtown/ lakefront area and includes passive and active
uses including viewing, picnics, group gatherings, childrens play area, school field trips to name a few. The
gazebo located in the park provides the venue for Friday Night In The Park events in the summer as well
as other special events throughout the year. The historic Carnegie Library is a prominent feature in the park
and currently is going through accessibility upgrades. Restroom facilities are available as well as ample free
parking. The adjacent marina provides public access by boat and fishing occurs along the shoreline.

CONSTRAINTS:
Overall Library Park is well used and enjoyed by the community. Comments regarding the cleanliness of
picnic tables and benches beneath the existing trees where the black-crowned night herons live and the
homeless population were mentioned during public meetings.

OPPORTUNITIES:
Because of the location and the importunate of this public space for the community, the main opportunities
include activating Carnegie Library for public use, relocating tables and benches in areas that are easier to
maintain (with shade structures).

80 | Summary of Real Estate Market Assessment


ATTACHMENT 2

SHORT-TERM RECOMMENDATIONS: LONG-TERM RECOMMENDATIONS:


Upon completion of accessibility upgrades to Consider ordinance revisions to allow vending during
the Carnegie Library building the City should special events and the summer season and utilize
make the building open to the public again associated permitting fees to assist in the funding of
with a tenant consistent with the findings open space improvements outlined in this plan.
and recommendations provided in the 2014 Consider fee increases for special events permitting
Lakeport Carnegie Library Re-Use Feasibility in Library Park and the Downtown area earmarking
Study. collected monies for the implementation of
Consider the construction of covered additional open space improvements outlined in this
structures over picnic tables and seating areas plan.
in the park to protect against issues with bird
feces and provide for additional shade.

LAKEPORT LAKEFRONT REVITALIZATION PLAN | 81


ATTACHMENT 2

WILLOW POINT/C STREET REVITALIZATION AREA

AREA DESCRIPTION :
The Willow Point area is a privately-owned waterfront area with no public access along the waterfront. It
consists of two large parcels, the northern parcel referred to as the Willow Point and the southern property
referred to as the C Street Parcel. Combined, the area is approximately 13.4 acres in size.

SUMMARY OF EXISTING USES:


Willow Point is primarily used as a mobile home park and seasonal RV campground along with a building
at the boat ramp on First Street formerly used as a lakefront restaurant that is now vacant. Forbes Creek
bisects this parcel with the bridge that is currently closed for structural reasons. The C Street parcel is
currently undeveloped with primary access from C Street. There is no public access to either of these
parcels

CONSTRAINTS:
While located on the water, there is no visibility from Main Street. This can be overcome by marketing
and wayfinding yet the drive by opportunity may be missed. Access from C Street is down a residential
street and would require enhancement depending on the uses. While Forbes Creek can be considered an
asset, issues around flooding or environmental constraints may limit the area available for development.

OPPORTUNITIES:
Since few permanent existing structures are on-site, the cost for redevelopment is reduced. Additional
access to the area can be considered from Martin and Armstrong Street to improve circulation yet will
not provide Main Street visibility. The waterfront area and Forbes Creek are the biggest assets future
development should embrace. For site testing Exhibit 1A illustrates an example of potential if the property
were one or a joint effort between land owners and Exhibit 1B respects current property ownership. In
both cases, there is ample space to provide a Resort/ Conference facility located on the waterfront and a
full hook-up RV park to accommodate the growing trend in this industry.

82 | Summary of Real Estate Market Assessment


ATTACHMENT 2

SHORT-TERM RECOMMENDATIONS: Market the existing vacant commercial building


Identify Willow Point/ C Street Enhancement located on the waterfront directly adjacent to Library
Zone as an important lakefront visitor serving area Park to attract a commercial establishments that
and consider amending the R-5 (Resort/High cater to waterfront visitors (ice cream shop, deli,
Density Residential) zoning district to eliminate souvenirs, etc.)
residential uses as a standalone use and prioritize
resort commercial uses including the prioritization LONG-TERM RECOMMENDATIONS:
of overnight accommodations (i.e., hotel, RV Work with property owners to provide a public
Park, campground, timeshares, etc.) and resort access easement along Forbes Creek connecting
commercial uses. the promenade with Downtown.
Identify and secure funding for restoration of
waterfront and Forbes Creek.
Work with property owners (or representatives)
with methods to assist with funding for developing
this property to include greater waterfront resort
oriented uses including, but not limited to:
Overnight accommodations
Conference center.
RV campground
Restaurants
Shops
Outdoor eating areas

LAKEPORT LAKEFRONT REVITALIZATION PLAN | 83


ATTACHMENT 2

WILLOW POINT/C STREET REVITALIZATION AREA


WILLOW POINT/ C STREET EXHIBITS EX AMPLE IMAGES

Willow Point/ C Street Exhibit 1A

Willow Point/ C Street Exhibit 1B

84 | Summary of Real Estate Market Assessment


ATTACHMENT 2

EX AMPLE IMAGES

LAKEPORT LAKEFRONT REVITALIZATION PLAN | 85


ATTACHMENT 2

MAIN STREET BUSINESS DISTRICT

Statistics show that it is far more cost effective to retain an existing business than to attract a new one.
Lakeport should implement a comprehensive business strengthening strategy focused on business
retention/expansion. It was mentioned at public meetings that a diversity of businesses and restaurants
in needed in the downtown area. While out of the scope of this project, the success of the Main Street
businesses have a direct relationship the success of the waterfront area. The following are some
preliminary ideas about ways to work with existing businesses.

AREA DESCRIPTION :
This area includes the parcels that front Main Street and create the core of the Lakeports downtown.
Architecturally the buildings between the blocks of First Street and Fourth Street reflect the historic
character of the City and include many of the walkable aspects of a downtown experience. This area
recently has been improved with new sidewalks, curbs and gutter, street trees and site furnishing to
improve the pedestrian experience.

SUMMARY OF EXISTING USES:


The Main Street Business District appears to be active with most retail and commercial space leased or
locally owned and operated. County and City offices nearby along with several financial institutions and
legal businesses are also located in this area.

CONSTRAINTS:
While the Main Street area is active, much of the activity that occurs in this area is focused around daily
business hours and many of the establishments are closed in the early evening reducing the opportunity
for evening activity in this area while businesses such as financial institutions provide employment and
people in the downtown areas during the day, they tend to be auto oriented and occupy key parcels in
the downtown area. In addition, while the lake is approximately two blocks to the east, Main Street lacks
visibility and signage.

OPPORTUNITIES:
Building off the historical architecture, the City has the ability through their design guidelines to extend this
character when renovations or new development are proposed in this area. Since many of the parcels are
one and two-story structures, the City should look for opportunities to bring overnight accommodations
in the way of hotel rooms or residential units to create an evening and weekend presence which in turn
will strengthen the Main Street businesses. Continued reinvestment into the streetscapes and particularly
those provisioning pedestrian connections to the lakefront area is encouraged.

86 | Summary of Real Estate Market Assessment


ATTACHMENT 2

RECOMMENDATIONS:
While not part of this study area, the following provides some recommendations to strengthen the Main
Street area and would need to be supported and implemented by the City in collaboration with the Lakeport
Main Street Association.
Support and encourage higher density residential units with a mix of affordability in the downtown to support
downtown retailers and expand the evenings and weekend presence.
Develop a stronger wayfinding system between the Main Street area and the lake.
Expand downtown business hours. It was noted on a number of occasions that the downtown closes at 6:00
p.m. There must be a concentrated effort focused at getting most retail stores and restaurants to expand the
hours that they are openSaturday, Sunday and later in the evening as well as holidays when visitors are in town.
Have businesses commit to being open evening hours on specific days beginning Memorial Day and ending after
Labor Day and encourage them to promote it within their own advertising and marketing venues.
Plan events during these hours such as an evening walkabout with refreshments offered at participating
businesses.
Develop promotional and advertising efforts targeting residents by creating a series of direct mail, special
promotions, mini events and other creative marketing efforts targeted directly to residentsincluding new
residents and second home residents.
Develop a Shop Local campaign: Most businesses located in downtown Lakeport are independently owned,
which makes downtown the perfect candidate for capitalizing on the national shop local movement.
Use social media and online marketing. Social media and hand-held devices are the primary formats that many
young adults use to make decisions about shopping, dining and events. Explore how downtown businesses
can penetrate this market through social media, online rating sites, social coupons, dedicated apps and text
messaging.
City in partnership with the Lakeport Main Street Association should explore the creation of a free Wi-Fi zone in
the downtown and waterfront areas.

LAKEPORT LAKEFRONT REVITALIZATION PLAN | 87


ATTACHMENT 2

MAIN STREET BUSINESS DISTRICT

88 | Summary of Real Estate Market Assessment


ATTACHMENT 2

APPENDIX

LAKEPORT LAKEFRONT REVITALIZATION PLAN | 89


ATTACHMENT 2

STAKEHOLDER MEETINGS | SUMMARY


Summary Of Breakout Sessions
Headline Activity: Participants were asked to write a newspaper headline for what they would like to hear about in
the lakefront area 10 years from now.
Begin your next adventure in #1 vacation destination in 10,000 pirates plunder Lakeport
Lakeport and stay for the people California waterfront
Clear Lake, clear again! New 120 room hotel opens on Lakeport moves beyond the
Clear Lake, cleanest air in the lakefront study
nation now cleanest water too Wine Country on the lake Lake lives again
The new Napa Scientific discovery at Clear Lake Raise your kids in the country

Strengths:
Clean air New docks and many free public People love to live here, lots of
Rural boat ramps community pride

Beauty Antiques, best sales are in the Have a public pool


winter Top 5 bass fishing lakes in the
Lake
Audubon Society and bird country
People, friendly and nice watching Have a drive in theater and 5 plex
Lakefront park Very safe community, nice place Water trail is in place
The port to live
Warm water for swimming
Walkable and boatable Can see the lake from Main
Street The Fly In sea plane event

Opportunities:
Cycling events Bike path & expanded recreation Winter is beautiful, warm and
Music and restaurants on lake More restaurants and hotels sunny, but not many visitors
Bass fishing Update and upgrade existing $7 million bond for school
facilities, especially Willow Point improvements recently approved
Growing wine region and
agricultural draw Vista Shopping Center needs to Former Natural High should be
be revitalized developed for family use
Pedestrian lakefront promenade

Weaknesses:
Homeless populations loitering in There is a big PR problem Lacking medical facilities
public spaces Konocti Harbor closed (in nearby TNT is now vacant building
Water quality, aquatic plants Kelseyville) Pushback to have businesses in
Lack of education on water Blight of Willow Point, it has the park
quality transitioned into a rundown Boating is more expensive now
Lake of facilities besides the lake, trailer park.
City needs to make doing
visitors always asking what else Invasive species and inspection business easier
is there to do? stations
Declining school enrollment until
Lack of lodging, both quantity Homes and businesses are this year
and quality run down as visitors enter
downtown Lakeport from the Employment issues
Lack of camping, Willow Points
transformation, used to be a highway, they could use a facelift Outside perception of crime,
nice spot for families to camp Condensed tourist season, drugs and poor lake quality,
lakefront generally when schools are out biggest hindrance for tourism
Transportation (June 15 to Aug 15), events are Need sign to get people from
usually May through October highway to downtown
Boating on the lake has dropped
off in recent years, SUP has not Main Street stores close early Huge impact if court house is
taken off, very few kayaks, etc and have inconsistent hours ever moved

90 | Summary of Real Estate Market Assessment


ATTACHMENT 2

STAKEHOLDER MEETINGS | SURVEY


HOW DID YOU GET TO THIS MEETING? HOW OFTEN DO YOU VISIT THE WATERFRONT
AREA?
51 11 51 49
# Of Votes

# Of Votes
5
2
1
4 4
2 2 2
By Bik By By By Im
Bik eF Pe Bo Tra No Da Few On Few On On Ne
e oo rson at nsit/ tR ily ce ce ly t ver
t al V Ca eal tim aw tim am op
eh p ly H es e e s o a s
icle ere pe e k pe n th st
rw rm hro
ee on ug
k th h

HOW LONG HAVE YOU LIVED IN L AKEPORT? HOW OFTEN DO YOU VISIT DOWNTOWN?
51 49 51 49
8
7
# Of Votes

# Of Votes

3 4 4
1 1 1 1 1 1
2
Iw 1-5 6-1 11- 21 Id Da Few On Few On On Ne
as yea 0y 20 +y on ily ce ce ly t ver
bo rs ear yea ear t liv tim aw tim am op
rn s rs s eh es es a
he ere pe e ek pe on s s
re rw rm th thr
ee on ou
k th gh

HOW OLD ARE YOU? I USUALLY GO TO THE WATERFRONT AREA TO


(CHECK ALL THAT APPLY)
51 49
9
8 8 8
# Of Votes

7 7
# Of Votes

5 4 5
1 3
2
Un 18 30 40 50 60 70
de -2 9 -39 -49 -59 -69 + Wo Sh Din Me Re Fo Pa Id
r1 op cr r ss on
8 rk e et eat as thr tg
Up e pe ou o
cia gh
l ev
en
t

LAKEPORT LAKEFRONT REVITALIZATION PLAN | 91


ATTACHMENT 2

STAKEHOLDER MEETINGS | SURVEY


I USUALLY GO TO LIBRARY PARK TO(CHECK WHAT DO YOU FEEL NEEDS IMPROVEMENT IN
ALL THAT APPLY) DOWNTOWN?

9 10
# Of Votes

# Of Votes
6
5 5 6
4 4
3
1 1 2
Re Re Do Bo Fis Fo Pa Id
la x (p cr eat gw at ing hin r as ss on Div Qu Pa Pe
Wa Ov
alk g pe thr tg ers alit rk d yfin
est era
ass e( /ex cia ou o ity yo ing ll v
ive act erc l ev gh fe opr i a i d n isu
) ive of ven p n e g al q
) ise en bu ort nv
t sin t spa u n i r o ual
ess itie nm ity
ce s en
t/p
ub
lic
spa
ce

WHAT ARE YOU PROUD OF REGARDING THE WHAT ARE THE THREE MUST SEE THINGS
L AKEFRONT AREA? (CHOOSE TOP 3) IN THE L AKEFRONT AREA?
14 13
51 12
8 10 11
# Of Votes

# Of Votes

7
5 5 4 7
4
1
His Be Re Lak Ea Co Div
tor au creat e/W se mm ers
y ty/ of un ity
Sc ion ate p ark ity of His Re Re Pu Sp
en ra
er y ctiv ing eve bu
sin tor st aur ta il/s b lic eci
itie n ts ess ic b ant ho spa al e
s uild s/b pp ces ven
ing ars ing ts
s

WHAT DO YOU FEEL NEEDS IMPROVEMENT WHAT ARE THE THREE MUST SEE THINGS IN
TO THE L AKEFRONT AREA? DOWNTOWN?
49 14
7 10
# Of Votes

6
# Of Votes

8
1 7
6
Div Qu Pa Pe Wa Ov
4
ers alit rking d est yfin era
ity yo op r i an i d ll v
of fe po ng isu
bu ven r en al q His Re Re Pu Sp
sin t spa
tun viro ual tor st aur ta il/s b lic eci
ess itie nm ity ic b ant ho spa al e
ce s en uild pp ces ven
t/p ing s/b ing ts
ub ars
lic
spa s
ce

92 | Summary of Real Estate Market Assessment


ATTACHMENT 2

STAKEHOLDER MEETINGS | SURVEY


WHAT NEEDS WORK IN THE LAKEFRONT MY SENSE OF THE ECONOMIC CONDITION
AREA? (PICK 3) PUT YOURSELF IN A VISITORS IN L AKEPORT FROM THE L AST FEW YEARS
PERSPECTIVE. IS..
11
13
51 10

# Of Votes
# Of Votes

6 8 5
3 3 3 3
Qu Div Re Ea Wa Ov De Ab Im
alit ers cre se yfin era
yo ity atio of i ll v clin ou pro
fe o fb n par d n g isu ing t th vin
ven usi Op
p
kin
g
al q es g
ts
pac ne ort ual am
ss un ity e
e itie
s

WHAT NEEDS WORK IN DOWNTOWN? (PICK I FEEL THE CITY IS MOVING IN THE RIGHT
3) PUT YOURSELF IN A VISITORS PERSPECTIVE. DIRECTION.
13 13
51
9 9
8 8
# Of Votes

# Of Votes

6
3 1
Qu Div Re Ea Wa Ov
2
alit ers cre se yfin era
yo ity atio of idn ll v Ag Ne Dis
fe o n p a r g isu re utr agr
ven f bu O k i n al q e al
ts sin p po g ual ee
pac ess rtu ity
e nit
ies

MY FEELING TO WHERE THE COMMUNITY IS


GOING IN THE FUTURE IS...

51 49
8 8
# Of Votes

1
Ex Ne Co
cite utr nce
d al rne
d

LAKEPORT LAKEFRONT REVITALIZATION PLAN | 93


ATTACHMENT 2

STAKEHOLDER MEETINGS | MAPPING EXERCISE

94 | Summary of Real Estate Market Assessment


ATTACHMENT 2

STAKEHOLDER MEETINGS | MAPPING EXERCISE

LAKEPORT LAKEFRONT REVITALIZATION PLAN | 95


ATTACHMENT 2

STAKEHOLDER MEETINGS | MAPPING EXERCISE

96 | Summary of Real Estate Market Assessment


ATTACHMENT 2

PUBLIC FORUM #1 | PUBLIC MEETING SURVEY RESULTS


online survey

public meeting HOW OFTEN DO YOU VISIT THE L AKEFRONT


AREA?
HOW DID YOU GET TO THIS MEETING? 30
26
23
25
21

# Of Votes
20
15
# Of Votes

15

10
10
7
5
3 2
1 2 0
Da Fe Fe On On On Ne
il y w w ce ly ce ve
By Bik By By By Im tim tim aw to am r
Bik eF Pe Bo Tra No es es ee pass on
e oo rso at ns tR pe pe k thr th
t na it/ ea rw rm
l Ve Ca lly ee on ou
hic p He k th gh
le re

HOW LONG HAVE YOU LIVED IN L AKEPORT? I USUALLY GO TO THE L AKEFRONT AREA TO...
(CHECK ALL THAT APPLY)
34 60
60
35

30 50
50 50

25
40
# Of Votes

35 32
# Of Votes

20
16 30
31
15 24
10 11 20
10

4 5 10
5

0 0
Iw 1-5 6-1 11- 21 Id Din Re As Pa Sh Me Wo Id
as ye 0y 20 +y on e cre pe ss et rk on
bo ars ea ye ea t l ate cia thr op up t g
rn rs ars rs ive le ou o
h ere h ere ve gh
nt

HOW OLD ARE YOU? HOW DID YOU ACCESS THE L AKEFRONT AREA?

35
56
60

30
27 50

25
25
40
20
# Of Votes

# Of Votes

30
15
12 12 22
10 20

5 4 10
1 2
0
1
0
Un 18 30 40 50 60 70 By Bik By By By Im
de -2 9 -39 -49 -59 -69 + Pe eF Bo Bik Tra Do
r1 rso oo at e n nt
8 na t sit
l Ve /C Go
ap Th
hic ere
le

LAKEPORT LAKEFRONT REVITALIZATION PLAN | 97


ATTACHMENT 2

PUBLIC FORUM #1 | PUBLIC MEETING SURVEY RESULTS


WHEN YOU GO TO RECREATE AT THE WHAT FACILITIES ALONG THE SHORELINE
L AKEFRONT, WHAT DO YOU DO? (CHECK ALL WOULD ENHANCE THE L AKEFRONT AREA?
THAT APPLY) (PICK 3)
70 65
60 60 57
48 50
44
# Of Votes

50
41 37
40 40
32

# Of Votes
30
31
30
20 17 20 19
20
11 11 14 12
10 10

0 0
Bo Be E Wa Mo Sw Do
Pa
ss
Pic B
nic p oati
Or
ga
Do
gw
Kid
sP
Fis
hin
Sw
im ard ach i nvir ter re im ga
ive /D lea ng niz alk lay g( wa accmpr onm pa do
cks
mi
ng
cce
Us inesu (fis ed ing f rom lk/ e ov e
ss em nta rk ss
e re) h/s ev pro /m acc
ki/ en
ts/ sh me en l ha oo
r
ess
ore na t s b ita ing
cla ) de t s
sse
s

WHAT EVENTS DO YOU ATTEND IN THE WHAT FACILITIES ON L AND WOULD


L AKEFRONT AREA(CHECK ALL THAT APPLY) ENHANCE THE L AKEFRONT AREA? (PICK 3)

26
70
63
60 55
70
63
60
50 49
43 18 50
# Of Votes

39
# Of Votes

40 37 40

30 29 30 26 24
20 16 12 11
20
13 10
10
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WHAT DO YOU FEEL NEEDS IMPROVEMENT MY FEELING TO WHERE THE COMMUNITY IS


TO THE L AKEFRONT AREA? GOING IN THE FUTURE IS...

44 31 30
45 43 39 30
40
25
51 23
35
30
# Of Votes

20
# Of Votes

25
20 18 15
15 12 10
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98 | Summary of Real Estate Market Assessment


ATTACHMENT 2

PUBLIC FORUM #1 | PUBLIC MEETING SURVEY RESULTS


MY SENSE OF THE ECONOMIC CONDITION IN L AKEPORT FROM THE L AST FEW YEARS IS..

31
# Of Votes

19 20

De Ab Im
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PUBLIC FORUM #1 - ADDITIONAL COMMENTS


WHEN YOU GO TO RECREATE AT THE L AKEFRONT, WHAT DO YOU DO?
Birdwatching
Kayaking
Bike riding
Attend craft fairs

WHAT EVENTS DO YOU ATTEND AT THE L AKE?


Cardboard and duct tape boat races
Car shows
Pancake breakfast
Wine/Beer tasting events

WHAT FACILITIES ALONG THE SHORELINE WOULD ENHANCE THE L AKEFRONT AREA?
Gasoline boat dock
Mini-mart store

WHAT FACILITIESON L AND WOULD ENHANCE THE L AKEFRONT AREA?


Low-rise multi-family homes
Restrooms

WHAT NEEDS WORK IN THE L AKEFRONT AREA?


Dog park
Waterfront access
Lake clarity

ADDITIONAL COMMENTS
Emphasis on nature tourism, including birdwatching.
Golf would attract tourists to the area
Public beach for swimming

LAKEPORT LAKEFRONT REVITALIZATION PLAN | 99


ATTACHMENT 2

PUBLIC FORUM #2 | SURVEY RESULTS


online survey
public meeting
HOW LONG HAVE YOU LIVED IN L AKEPORT? WHAT DO YOU LIKE LEAST FROM
2/145 6/144 ALTERNATIVE 1? (PICK UP TO 2)
140

240
120
12/113 5/200
200
100
4/81 7/72 9/135
160
80
1/67 12/129

# Of Votes
# Of Votes

120
60 18/91
80
40
3/51 1/48 6/38
40
20

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HOW OLD ARE YOU?
240 WHAT DO YOU LIKE BEST FROM
0/208 ALTERNATIVE 2? (PICK UP TO 2)
200
9/255
160 240

0/126
# Of Votes

200
120
1/105 6/164 12/164
4/80 4/152
80
5/56
160 8/143
# Of Votes

40 8/37 120
13/9 8/75 4/87
0 80
Un 18 30 40 50 60 70
-2 -39 -49 -59 -69 +
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360

320
WHAT DO YOU LIKE LEAST FROM
280 ALTERNATIVE 2? (PICK UP TO 2)
240
19/205 240
# Of Votes

200 11/167 8/188


11/174 200

160
7/149
160

13/127
# Of Votes

120 120 5/106 8/98


8/85 8/70
80 80
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100 | Summary of Real Estate Market Assessment


ATTACHMENT 2

PUBLIC FORUM #2 | SURVEY RESULTS


WHAT DO YOU LIKE BEST FROM
ALTERNATIVE 3A? (PICK UP TO 2)
280
3/292
WHAT DO YOU LIKE BEST FROM
ALTERNATIVE 3? (PICK UP TO 2) 260

10/225 240
8/228
220
220

200 9/186
200

180
180

160
12/146 6/156 12/150
160

140
140
6/135
10/113
120 9/102
12/92 120

100
100

80
80
# Of Votes

14/58
# Of Votes
60
60

40
2/29 40

20
20
1/20
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WHAT DO YOU LIKE LEAST FROM WHAT DO YOU LIKE LEAST FROM
ALTERNATIVE 3? (PICK UP TO 2) ALTERNATIVE 3? (PICK UP TO 2)
220 220
7/200
200 200
3/198

180 180
17/151
160
7/146 160

140 140
8/118 6/121
120 120
9/101
100 100

80 80
10/59 11/55
7/49 4/54
# Of Votes

# Of Votes

60
4/46
60
1/55 2/46
40 40

20 20

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LAKEPORT LAKEFRONT REVITALIZATION PLAN | 101


ATTACHMENT 2

PUBLIC FORUM #2 | SURVEY RESULTS


Additional Comments Alternative one is the best alternative with the most
Concerned about water quality/CEQA issues usefulness. We could really use the hotel at the
Cut down on parking to encourage more walking Willow point end, the promenade, open space and
beach are awesome. And locals and tourists would
Splash pad and play elements are important for enjoy a waterpark more than a dog park or skate park
young families (higher use - serves more people)
Parking is needed Easier access for kayakers to launch. The maps
Focus is on upscale features but locals could benefit dont look like you can park close to where you can
from low-cost features such as a beach put kayak in water. You might have to a walk a ways
which is not easy with a kayak.
Love splash pad idea
Is the community center going to be big enough
Need to consider attractions for winter time for events like fund-raisers or weddings? We really
Would like to see more emphasis on pier feature - need that in Lakeport! If it is not, we need to make
possibly multiple locations it an events center that can be rented out.
Venue feature needed in open space options I think a dog park should really be standard in all of
these options. The closest decent one Im aware of
Consider covered patio on the back of the library
is in Ukiah, and my boyfriend and I both have dogs.
building leading to the pier sidewalk.
Lake County claims to be dog friendly, but I dont
Need to maintain as many views from Main Street to see it.
the lake as possible
Reserved fishing area, stocked pond with fish
Would like to see environmental issues addressed
Id like there to be more noise about a boat house
I think which ever one we do, it should have a beach. and rowing facility. Support Clear Lake Scullers!!
Make it cool City should build a cycling velodrome in the proposed
Try to keep things as simple as possible. Not too area. It would be the only Velodrome in Northern
elaborate. California.
I feel that something related to a snack shack or Im not sure of the cost but golf driving ranges can
small restaurant located near this area would be be fun on water front.
beneficial. I believe you are missing a huge opportunity to
I like the idea of restaurants and shops being increase natural habitats along the shoreline and
closer to the lake, creating a more outdoor vibe and therefor increase the lakes quality.
emphasizing being outside A place for the community youth such as an
There should be more alternatives for the youth in interactive rec hall for after school or an arcade.
the county, to make space more useful instead of Small roller coaster like in Santa Monica.
just for tourists.
A park without water for just dry recreation
Soccer field/ Basketball courts
I think there should be more shops directed toward
tourists or clothing. There should also be more
restaurants with outdoor seating.
I feel like our city should have local basketball courts.
It is convenient to have the idea of having a court to
go to when you have a need to play ball.
The pier is a great idea. I would suggest putting fun
restaurants on it or something inviting to people of all
ages.
I really believe that a waterpark, and or a skatepark
would be a great important addition to Lakeport.
There is not much for our youth to do, and it would
be a great activity for kids to be involved in.
The more attractions we can provide for our
community the more our community thrives. I feel
the hotels, open spaces, water parks, adventure
areas, boardwalk, piers, and a lighthouse are all great
economic development attractions.

102 | Summary of Real Estate Market Assessment


ATTACHMENT 2

DW LEGACY DESIGN
We believe that when environment, economics, art and community
are combined in harmony with the dictates of the land and needs
of society, magical places result sustainable places of timeless beauty,
significant value and enduring quality, places that lift the spirit.
Design Workshop is dedicated to creating Legacy projects:
for our clients, for society and for the well-being of our planet.

ASHEVILLE ASPEN AUSTIN CHICAGO DENVER DUBAI HOUSTON L AKE TAHOE LOS ANGELES SHANGHAI
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: Review of OpTerra Energy Services proposed scope of work to MEETING DATE: 9/19/2017
implement solar and other energy conservation measures at
various City facilities.
Kevin M. Ingram, Community Development Director
SUBMITTED BY:

PURPOSE OF REPORT: Information only Discussion Action Item

WHAT IS BEING ASKED OF THE CITY COUNCIL/BOARD:


The City Council is being asked to review a proposed scope of work prepared by OpTerra Energy Systems to
implement solar and other energy conservation measures at various City facilities. Additionally, if the City
Council decides to move forward with the proposal, staff is requesting the Council authorize the City Manager to
negotiate a Program Development Agreement with OPTERRA Energy Services.

BACKGROUND/DISCUSSION:
In March 2016, staff presented three (3) financing options for the development of a solar facility at the Citys
CLMSD property. Following the selection of a preferred financing option City staff began to do additional research
on the feasibility of constructing two solar arrays at the CLMSD site. One facility would off-set energy costs directly
from activities at the CLMSD site and the second array would be designed to off-set costs related to other City
facilities located off-site. Staff soon discovered that due to legislative and PG&E program changes the
development of a solar facility to serve off-site power generation may no longer be financially viable. Following
this discovery, City staff began to reach out to other neighboring jurisdictions to see how they were financing and
constructing new energy conservation measures. As a result of these efforts, City staff was referred to OPTERRA
Energy Systems.

In June of this year, City staff began working with OpTerra Energy Systems who performed a free feasibility study.
This feasibility study included an audit of the Citys energy usage and visits to several City owned facilities.
Following the completion of the Feasibility Study, OpTerra presented the City with a preliminary project proposal
includinga proposed scope of work, preliminary proforma and overview of steps necessary to move forward
with the implementation of the proposed project. See attachment 1 for a full version of OpTerras preliminary
proposal for the City of Lakeport.

As proposed, the preliminary project scope of work includes:

Retrofit indoor and outdoor lighting at several City operated buildings (City Hall, Police Department,
Carnegie Library Building and Corporation Yard).
Replace existing lighting in Library Park and along Main Street with energy efficient LED fixtures.
HVAC Upgrades to the Carnegie Library and potentially other City operated facilities.
Construction of solar facilities at several City facilities:

Meeting Date: 09/19/2017 Page 1 Agenda Item #VI.A.2.


o CLMSD Wastewater Treatment Plant (695 & 795 Linda Lane)
o Corporation Yard (591 Martin Street)
o Green Ranch Water Wells (1385 Scotts Valley Road)
o City Hall Parking Lot (75 Third Street)
o Police Department (2025 South Main Street)
o Electric Vehicle Charging Station adjacent to City Hall

Preliminary project financial analysis prepared by OpTerra proposes a total project cost of just under $4 million
with a projected electricity savings over a 30-year period of approximately $15 million. After financing, the
projected net savings to the City is anticipated to be around $9 million. Financing and lease payments would be
structured to ensure that the project remains cash positive through the life of the project, resulting in initial annual
net savings of approximately $80,000. Representatives from both OpTerra and NHA Financial advisors will be
present to answer questions during the City Councils regular meeting of September 19, 2017.

If the City Council decides to move forward with the proposed project, the next step is to enter into a Program
Development Agreement (PDA) which authorizes OpTerra to perform an investment grade audit, design and
engineering, competitively bid the project, evaluate grants and incentives, and finalize the financial model. A draft
PDA is included as Attachment 2 of this staff report. It provides that OpTerra will perform the above mentioned
steps for a fee of $35,000. If the project is found to be financially viable and the City elects to proceed with the
project, the $35,000 can be incorporated in the project cost resulting in no out-of-pocket expenses to the City. If
the project is financially viable and the City does not elect to proceed with the project, the City will owe OpTerra
$35,000. If the project is not found to be financially viable, no fee will be due.

If the City Council authorizes the execution of this agreement, it is anticipated the Program Development phase
will be completed in 90 days and the possible implementation and construction of proposed energy conservation
measures could begin in early 2018.

OPTIONS:
1. Authorize the City Manager to negotiate and execute a Program Development Agreement (PDA) with OpTerra
Energy Systems.
2. Do not execute a Program Development Agreement and direct staff to pursue the energy conservation
measures through alternative means.
3. Take no action or take action to deny the proposed plan. Alternatively, the City Council could provide other
direction.

FISCAL IMPACT:
None $35,000.00 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: As mentioned above, if the project is found to be financially viable and the City does not elect to
proceed with the project, the City will owe OpTerra $35,000. A supplemental appropriation of unallocated
General Fund monies would need to be authorized if the City decides not to proceed forward with the project.

SUGGESTED MOTION:
Move to authorize the City Manager to negotiate and execute a Program Development Agreement with OpTerra
Energy Services for an amount not to exceed $35,000, subject to legal review.

Attachments: 1. OpTerra Energy ServicesCity of Lakeport Preliminary Proforma


2. Draft Program Development Agreement

Meeting Date: 09/19/2017 Page 2 Agenda Item #VI.A.2.


ATTACHMENT 1

A Proposal for Partnership:


City of Lakeport

Ashu Jain, P.E., Senior Manager


John Kaufman, Business Development
Fady Ghobrial, Project Manager
Aren Hofland, Project Engineer
Waqar Mustafa, Project Engineer

September 19, 2017


ATTACHMENT 1

Agenda

1. Introducing OpTerra Energy Services

2. Review Proposed Scopes of Work

3. Review Preliminary Proforma

4. Next Steps

2017 OPTERRA ENERGY SERVICES 2


ATTACHMENT 1

OpTerra Energy Services


By the Numbers

40+ YEARS 150 MW+


Experience as an Accredited Energy Installed Solar Projects for Public
Service Provider (NAESCO) Entities in CA

$2.5B 1,000+
Of Completed Projects Satisfied Customers Nation Wide

$300MM 300+
Employees, Including 150 Engineers
Sales in 2016 (PE, ME, EE, Civil, CEM, LEED AP)

Owned
Owned byby
ENGIE
ENGIE. largest
ENGIEindependent
operates in theelectricity producer
US through in the world.
its subsidiary GDFENGIE
SUEZis
theEnergy
third largest
North retail
Americaelectricity
and is supplier
the third in the US.
largest Engie
retail has over
electricity 150,000
supplier in the US
employees and over $75 billion in revenue
2017 OPTERRA ENERGY SERVICES 3
ATTACHMENT 1

City Energy Projects

City of Alhambra City of Hanford


City of Benicia City of Lemoore
City of Brea City of Livermore
City of Concord City of Lompoc
City of Delano City of Palm Springs
City of Dinuba City of Patterson
City of Dublin City of Salinas
City of Garden Grove City of San Jose
City of Gonzales City of Union City
City of Grass Valley City of Waterford
City of Greenfield City of Yuba City

2017 OPTERRA ENERGY SERVICES 4


ATTACHMENT 1

City of Yuba City

PROGRAM HIGHLIGHTS
Creates $5.8MM in savings over the 30-year life of the Reduced dependence on gas and electric utilities and
project hedged against rising energy costs
Reduces annual carbon emissions by 1,517 tons the Improved indoor air quality and lighting
equivalent of removing 290 cars from the road

Through a comprehensive program featuring energy


efficiency upgrades, LED lighting, and solar PV
systems, Yuba City provided savings to its General
Fund while reducing its overall environmental
footprint.

TECHNICAL SCOPE
New LED lighting at 11 City facilities
Outdoor LED fixtures, photocells, and bi-level motion
sensors at 16 City facilities
510 kW pedestal-mounted solar PV at the Water Treatment
Plant
151 kW canopy-mounted solar PV and solar thermal roof-
mounted system at the Gauche Aquatic Park
New ventilation system with multi-zone system to variable
air volume operation at City Hall

2017 OPTERRA ENERGY SERVICES 5


ATTACHMENT 1

Yuba City Water Treatment Plant: 510 kW


Groundmount Solar Photovoltaic System

2017 OPTERRA ENERGY SERVICES 6


ATTACHMENT 1

Yuba City Gauche Aquatic Park Solar Hot Water


Heating System

2017 OPTERRA ENERGY SERVICES 7


ATTACHMENT 1

Other Energy Conservation Measures Implemented


at Yuba City

LED lighting for buildings and parks


HVAC system improvements at City Hall
Energy management system for Police Station
Variable frequency drive (VFD) for the GAP pool pump motor

2017 OPTERRA ENERGY SERVICES 8


ATTACHMENT 1

2,089 KW Solar PV Ground Mounted System at the


Wastewater Treatment Facility

2017 OPTERRA ENERGY SERVICES 9


750 kW/1,500 kWh Energy Storage System at the
ATTACHMENT 1

Water Treatment Plant

Benefits include:
Cost savings from
reduced demand
charges
Secured solar
investment with
improved
performance
Avoid unfavorable
tariff rates and
bills
20-year warranty

2017 OPTERRA ENERGY SERVICES 10


ATTACHMENT 1

City of Grass Valley, CA

PROJECT HIGHLIGHTS
Reduces City electricity spending by over 50% Hired local contractors for construction,
Reduces dependence on gas and electricity stimulating the local economy and providing
and hedges against rising energy cost local jobs

Saves $7MM
over the program life

Retrofitted streetlights,
indoor/outdoor parking lot
lighting, and traffic lights
with LEDs
863 kW of solar PV
Solar hot water heating system,
pool pump controls, and cover
at Memorial Park Pool
New roof at City Hall

2017 OPTERRA ENERGY SERVICES 11


ATTACHMENT 1

Sutter County

PROGRAM HIGHLIGHTS
Achieved nearly $18.5MM in net savings Decreased electric utility purchases by 75%
Installed solar power, LED lighting, efficient air Reduced the Countys carbon footprint equivalent
conditioning and developed water conservation to taking 520 cars off the road every year
measures

This project will save us a considerable amount


of energy and water, but more, it will save us
money, now and into the future.
2017 OPTERRA ENERGY SERVICES
Stan Cleveland, Chairman,
Board of Supervisors

TECHNICAL SCOPE
Installed 1.46 MW solar power generating systems
at ten sites
Upgraded interior/exterior LED lighting at 22 sites
New rooftop air conditioning units at 19 sites
Upgraded County-wide energy management
system to improve facility controls
Water conservation measures at the County Jail

2017 OPTERRA ENERGY SERVICES 12


ATTACHMENT 1

Yuba County

PROGRAM HIGHLIGHTS
Will achieve $11.2MM in savings to the Countys Will reduce the Countys annual energy purchases by 50%
General Fund
Offsets nearly 2,300 tons of greenhouse gases annually

Yuba County was already dealing with the challenges of the


economic downturn when it became necessary to confront long
overdue repairs to some of our public buildings. We were able to
partner with OpTerra Energy Services to install energy saving
technology and leverage the future savings to immediately make ENERGY SERVICES
2017 OPTERRA
much-needed repairs to our facilities.

Andy Vasquez, Chairman, Yuba County Board of Supervisors

TECHNICAL SCOPE
Installed 1 MW PV solar systems at two sites
Replaced outdated emergency generator
Replaced HPS and MH lighting with induction lamp
technology at ten County buildings
Upgraded HVAC units at three sites
Installed high-efficiency magnetic drive chiller
Implemented water conservation measures

2017 OPTERRA ENERGY SERVICES 13


ATTACHMENT 1

Program Scope of Work

City of Lakeport

HVAC Replacement
Street Lighting
Solar Projects

LED Lighting
Annual Electric Total Yearly Total Billing
Building Name Address Square Feet
Billing Billing per SF

Wastewater Treatment Plant (5303820110) 795 Linda Lane, Lakeport, CA 1,600 $ 93,957 $ 93,957 $ 58.72 X
Wastewater Treatment Plant (0926692102) 795 Linda Lane, Lakeport, CA 600 $ 47,418 $ 47,418 $ 79.03 X
Wastewater Treatment Plant (5303820296) 695 Linda Lane, Lakeport, CA 600 $ 36,823 $ 36,823 $ 61.37 X
Corporate Yard (5303820468) 590 Konocti Ave, Lakeport, CA 1,404 $ 57,444 $ 57,444 $ 40.91 X
Corporate Yard (5303820499) 591 Martin St, Lakeport, CA 1,600 $ 40,952 $ 40,952 $ 25.60 X
Corporate Yard (5303820815) 591 Martin St, Lakeport, CA 4,016 $ 7,124 $ 7,124 $ 1.77 X
City Water Wells 1604 Riggs Rd, Lakeport, CA 168 $ 28,578 $ 28,578 $ 170.11 X
City Hall 225 Park St, Lakeport, CA 9,923 $ 13,080 $ 13,080 $ 1.32 X X
Police Department 2025 S. Main St, Lakeport, CA 4,995 $ 10,427 $ 10,427 $ 2.09 X X
Carnegie Library 200 Park St, Lakeport, CA 1,972 $ 672 $ 672 $ 0.34 X
Street Lights 225 Park St, Lakeport, CA - $ 2,384 $ 2,384 $ - X
26,877 $ 338,859 $ 338,859 $ 12.61 9 2 1 1

2017 OPTERRA ENERGY SERVICES 14


ATTACHMENT 1

Facility Indoor & Outdoor Lighting Retrofit

Retrofit the indoor and outdoor lighting at the following sites:


City Hall
Police Department
Carnegie Library
Corporation Yard

2017 OPTERRA ENERGY SERVICES 15


ATTACHMENT 1

Retrofit Indoor Lighting

Replace older generation fluorescent lamps and ballasts with new,


more efficient, longer-lasting LED lamps
Install wireless occupancy sensors with option to shut off interior
lighting when rooms are unoccupied
Benefits include:
Better quality lighting
Replaces old lamps and ballasts
Savings in energy cost
Longer life of lamps
Substantial reduction in maintenance cost

2017 OPTERRA ENERGY SERVICES 16


ATTACHMENT 1

Retrofit Exterior Lighting

Replace existing metal halide lamps with corresponding LED fixtures,


controlled by photocells
Install dual-level motion sensors for LED fixtures, which increase
lighting level when pedestrians approach, otherwise stay at lower
lighting level
Benefits include:
Replaces old lamps and ballasts
Savings in energy cost
Longer life of lamps and ballasts
Reduces maintenance cost
Increases safety

2017 OPTERRA ENERGY SERVICES 17


ATTACHMENT 1

Retrofit Street Lights and Park Lights

Replace sixty-two (62) existing metal


halide lamps with corresponding LED
fixtures, controlled by photocells
Benefits include:
Replaces old lamps and ballasts
Savings in energy cost
Longer life of lamps and ballasts
Reduces maintenance cost
Increases safety

2017 OPTERRA ENERGY SERVICES 18


ATTACHMENT 1

HVAC Upgrade at Carnegie Library

Replace one (1) 5-ton packaged


HVAC unit with new high efficiency
units
Benefits include:
Improves comfort
Savings in energy cost
Reduces maintenance cost
Planned replacement vs. emergency
breakdown and repair

2017 OPTERRA ENERGY SERVICES 19


ATTACHMENT 1

Wastewater Treatment Plant: 554 kW Groundmount


Solar Photovoltaic System

2017 OPTERRA ENERGY SERVICES 20


ATTACHMENT 1

Corporation Yard: 295 kW Solar Canopy


Photovoltaic System

2017 OPTERRA ENERGY SERVICES 21


ATTACHMENT 1

Green Ranch Water Wells: 101 kW Groundmount


Solar Photovoltaic System

2017 OPTERRA ENERGY SERVICES 22


ATTACHMENT 1

City Hall: 29 kW Solar Canopy Photovoltaic System

2017 OPTERRA ENERGY SERVICES 23


ATTACHMENT 1

Police Department: 27 kW Solar Canopy


Photovoltaic System

2017 OPTERRA ENERGY SERVICES 24


ATTACHMENT 1

Electric Car Charging Station for City Hall

EV Charging Stations
Install a dual-car charging station at
City Hall underneath the solar
canopy

2017 OPTERRA ENERGY SERVICES 25


ATTACHMENT 1

Preliminary Project Financial Analysis

Estimated Project Cost $3,865,057


Annual Escalation of Electricity Cost 5.00%
Annual Escalation of O&M Cost 3.00%
Projected Projected Total Measurement Solar Total Net Savings
Electricity O&M Program & Verification Maintenance Program Before Lease
Year Savings Savings Incentives Savings Cost Cost Costs Payments
Year 1 $266,720 $2,817 $5,153 $274,689 $10,419 $19,400 $29,819 $244,870
Year 2 $278,719 $2,901 $0 $281,621 $10,732 $19,982 $30,714 $250,907
Year 3 $291,259 $2,988 $0 $294,247 $11,054 $20,581 $31,635 $262,612
Year 4 $304,363 $3,078 $0 $307,441 $11,385 $21,199 $32,584 $274,857
Year 5 $318,057 $3,170 $0 $321,228 $11,727 $21,835 $33,562 $287,666
Year 6 $332,368 $3,265 $0 $335,633 $0 $22,490 $22,490 $313,143
Year 7 $347,323 $3,363 $0 $350,686 $0 $23,165 $23,165 $327,522
Year 8 $362,951 $3,464 $0 $366,415 $0 $23,860 $23,860 $342,556
Year 9 $379,283 $3,568 $0 $382,851 $0 $24,575 $24,575 $358,276
Year 10 $396,350 $3,675 $0 $400,026 $0 $25,313 $25,313 $374,713
Year 11 $414,186 $3,786 $0 $417,971 $0 $26,072 $26,072 $391,900
Year 12 $432,825 $3,899 $0 $436,724 $0 $26,854 $26,854 $409,870
Year 13 $452,303 $4,016 $0 $456,319 $0 $27,660 $27,660 $428,659
Year 14 $472,658 $4,137 $0 $476,795 $0 $28,490 $28,490 $448,305
Year 15 $493,930 $4,261 $0 $498,191 $0 $29,344 $29,344 $468,846
Year 16 $516,160 $4,388 $0 $520,548 $0 $30,225 $30,225 $490,324
Year 17 $539,390 $4,520 $0 $543,911 $0 $31,131 $31,131 $512,779
Year 18 $563,668 $4,656 $0 $568,323 $0 $32,065 $32,065 $536,258
Year 19 $589,038 $4,795 $0 $593,833 $0 $33,027 $33,027 $560,806
Year 20 $615,551 $4,939 $0 $620,490 $0 $34,018 $34,018 $586,472
Year 21 $610,996 $0 $0 $610,996 $0 $35,039 $35,039 $575,957
Year 22 $638,338 $0 $0 $638,338 $0 $36,090 $36,090 $602,248
Year 23 $666,904 $0 $0 $666,904 $0 $37,172 $37,172 $629,731
Year 24 $696,748 $0 $0 $696,748 $0 $38,288 $38,288 $658,460
Year 25 $727,927 $0 $0 $727,927 $0 $39,436 $39,436 $688,491
Year 26 $760,502 $0 $0 $760,502 $0 $40,619 $40,619 $719,882
Year 27 $794,534 $0 $0 $794,534 $0 $41,838 $41,838 $752,696
Year 28 $830,090 $0 $0 $830,090 $0 $43,093 $43,093 $786,997
Year 29 $867,236 $0 $0 $867,236 $0 $44,386 $44,386 $822,850
Year 30 $906,045 $0 $0 $906,045 $0 $45,717 $45,717 $860,328
Totals $15,866,420 $75,688 $5,153 $15,947,261 $55,316 $922,963 $978,279 $14,968,983
2017 OPTERRA ENERGY SERVICES 26
ATTACHMENT 1

Program Benefits

Create $15 million in savings before lease payments


Reduce City electricity spend by over 50%
Hedge against rising energy costs
Provide shade for vehicles at City Hall, Police Department and
Corporation Yard
OpTerra guarantees 95% of the solar and lighting energy savings
Improve quality of lighting in the offices with LED lighting
Utilize savings to replace old mechanical equipment at the Library
Save maintenance staffs time with long-life LED lighting and new HVAC
systems
Stimulate local economy and provide local jobs
Substantial environmental benefits equivalent to removing 250 cars off
the road annually
2017 OPTERRA ENERGY SERVICES 27
ATTACHMENT 1

Roadmap

Opportunity Assessment July 2017 Aug 2017


Program Development Sep 2017 Jan 2018
Implementation Feb 2018 Feb 2019
2017 OPTERRA ENERGY SERVICES 28
ATTACHMENT 2

OpTerra ES Project #: _ _ _ _ _ - _ _ _
OpTerra ES Contract # R ________

PROGRAM DEVELOPMENT AGREEMENT


This PROGRAM DEVELOPMENT AGREEMENT (this Agreement) is made and entered into as of this
______________ ( ) day of September 2017, between OpTerra Energy Services, Inc. (OpTerra Energy Services),
having its principal offices at 500 Twelfth Street, Suite 300, Oakland, CA 94607, and the City of Lakeport, with offices
located at 225 Park Street, Lakeport, CA 95453 (Lakeport and together with OpTerra Energy Services the Parties
and each of Lakeport and OpTerra Energy Services a Party.)

WHEREAS, OpTerra Energy Services is an energy services and solutions company with the technical and
management capabilities and experience to perform an integrated energy assessment (an Assessment) and to
identify supply-side and/or demand-side energy conservation measures (ECMs);

WHEREAS, Lakeport desires to enter into an agreement to have OpTerra Energy Services perform an
Assessment in accordance with the scope of work set forth in Attachment A (the Scope of Work) for the sites listed
on Part I of Attachment B (the Sites), and to deliver recommendations, described in the Scope of Work, identifying
energy improvements and operational changes to be installed or implemented at the Sites (the Recommendations);
and

WHEREAS, the primary purpose of the Assessment and the Recommendations is to provide an engineering and
economic basis for the implementation of the ECMs identified in the Recommendations, in furtherance of which the
Parties intend to negotiate and execute a contract providing for, among other things, engineering, procurement,
installation, construction and training services (an Energy Services Contract);

NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the Parties agree as follows:

1. ASSESSMENT AND RECOMMENDATIONS

OpTerra Energy Services agrees to complete the Assessment and to present Recommendations to Lakeport
within ninety (90) calendar days after the date on which OpTerra Energy Services receives the information listed in
Part I of Attachment A (the Required Information). Lakeport agrees to deliver the Required Information to OpTerra
Energy Services no later than thirty (30) calendar days after the date hereof.

Lakeport agrees to assist OpTerra Energy Services in performing the Assessment by (i) providing OpTerra
Energy Services with access to key decision makers and stakeholders of the City of Lakeport, (ii) providing OpTerra
Energy Services its employees and agents, such access to the Sites and other relevant facilities of Lakeport as
OpTerra Energy Services deems necessary and (iii) providing, or causing Lakeports energy suppliers to provide,
complete and accurate data concerning energy usage and costs related to the Sites and other relevant facilities.
OpTerra Energy Services will be entitled to rely upon the accuracy and completeness of all information provided to
OpTerra Energy Services by Lakeport and Lakeports energy suppliers. OpTerra Energy Services will promptly
provide written notice to Lakeport if OpTerra Energy Services determines there is any incorrect data included in the
information provided by Lakeport or Lakeports energy suppliers, but OpTerra Energy Services will have no obligation
to correct or confirm any such information unless otherwise specified in the Scope of Work. Any change(s) in the
Scope of Work will be set forth in a writing executed by the Parties.

2. COMPENSATION TO OPTERRA ENERGY SERVICES

Lakeport will compensate OpTerra Energy Services for the Assessment and the Recommendations by payment
to OpTerra Energy Services of a fee (the Assessment Fee) in the amount of Thirty-Five Thousand Dollars
($35,000).

The Assessment Fee will be due and payable thirty (30) calendar days after OpTerra Energy Services
submission of the Recommendations; provided that if on such thirtieth (30th) calendar day OpTerra Energy Services
and Lakeport are negotiating an Energy Services Contract in good faith, the Assessment Fee will be due ninety (90)
calendar days after OpTerra Energy Services submission of the Recommendations; provided further, that if OpTerra
Energy Services and Lakeport execute an Energy Services Contract within ninety (90) calendar days after OpTerra
Energy Services submission of the Recommendations, the Assessment Fee, and other fees, costs, expenses,

Rev. Date: __________ Page 1 of 9


Program Development Agreement
V01/01/17
ATTACHMENT 2

disbursements and overhead of OpTerra Energy Services incurred during the Assessment, will be incorporated into
the total contract amount payable under such Energy Services Contract.

Each of Lakeport and OpTerra Energy Services reserves the right to terminate this Agreement at any time during
the course of the Assessment, by delivery of written notice to the other. If this Agreement is terminated by Lakeport,
the Assessment Fee will be payable by Lakeport to OpTerra Energy Services within thirty (30) calendar days of
termination. If this Agreement is terminated by OpTerra Energy Services, Lakeport will have no obligation to pay any
portion of the Assessment Fee to OpTerra Energy Services. If OpTerra Energy Services determines that the
projected savings from implementation of the ECMs identified during the Assessment cannot result in a paid-from-
savings project which complies with California Government Code Sections 4217.10 through 4217.18, the Assessment
and this Agreement will be terminated by OpTerra Energy Services.

Any amount not paid when due will, from and after the due date, bear interest at a fluctuating rate equal to the
sum of (a) The United States Prime Rate as listed from time to time in the Eastern print edition of the Wall Street
Journal plus (b) 2% per annum. Accrued and unpaid interest on past due amounts (including interest on past due
interest) will be due and payable upon demand.

3. INSURANCE

OpTerra Energy Services will maintain, or cause to be maintained, for the duration of this Agreement, the
insurance coverage outlined in (A) through (F) below, and all such other insurance as required by applicable law.
Evidence of coverage will be provided to Lakeport via an insurance certificate.

A. Workers' Compensation/Employers Liability for states in which OpTerra Energy Services is not a qualified
self-insured. Limits as follows:
* Workers' Compensation: Statutory
* Employers Liability: Bodily Injury by accident $1,000,000 each accident
Bodily Injury by disease $1,000,000 each employee
Bodily Injury by disease $1,000,000 policy limit

B. Commercial General Liability insurance with limits of:


* $2,000,000 each occurrence for Bodily Injury and Property Damage
* $4,000,000 General Aggregate - other than Products/Completed Operations
* $4,000,000 Products/Completed Operations Aggregate
* $2,000,000 Personal & Advertising Injury
* $ 100,000 Damage to premises rented to OpTerra Energy Services

Coverage to be written on an occurrence form. Coverage to be at least as broad as ISO form CG 0001
(04/13) or its equivalent forms, without endorsements that limit the policy terms with respect to:
(1) provisions for severability of interest or (2) explosion, collapse, underground hazard.

C. Auto Liability insurance for owned, hired and non-owned vehicles with limits of $1,000,000 per accident.
Coverage to be written on an occurrence form.

D. Professional Liability insurance with limits of:


* $1,000,000 per occurrence
* $1,000,000 aggregate

Coverage to be written on a claims-made form.

E. Umbrella/Excess Liability Insurance. Limits as follows:


* $1,000,000 each occurrence
* $1,000,000 aggregate

Coverage terms and limits to apply excess of the per occurrence and/or aggregate limits provided for
Commercial General Liability and Professional Liability written on a claims made form. Coverage terms and
limits also to apply in excess of those required for Employers Liability and Auto Liability written on an
occurrence form.

Rev. Date: __________ Page 2 of 9


Program Development Agreement
V01/01/16
ATTACHMENT 2

F. Policy Endorsements.
* The insurance provided for Workers Compensation and Employers Liability above will contain
waivers of subrogation rights against Lakeport, but only to the extent of the indemnity obligations
contained in this Agreement.
* The insurance provided for Commercial General Liability and Auto Liability above will:
(1) include Lakeport as an additional insured with respect to Work performed under this
Agreement, but only to the extent of the indemnity obligations contained in this
Agreement, and
(2) provide that the insurance is primary coverage with respect to all insureds, but only to the
extent of the indemnity obligations contained in this Agreement.

4. INDEPENDENT CONTRACTOR

OpTerra Energy Services, and the agents and employees of OpTerra Energy Services, its subcontractors and/or
consultants, are acting in an independent capacity in the performance of this Agreement, and not as public officials,
officers, employees, consultants, or agents of the City of Lakeport for purposes of conflict of interest laws or any other
applicable law. This Agreement may not be construed to represent the creation of an employer/employee or
principal/agent relationship. OpTerra Energy Services will act in an independent capacity and retain sole discretion in
the manner and means of carrying out its activities under this Agreement. OpTerra Energy Services is free to work for
other entities while under contract with Lakeport.

5. ENERGY SERVICES CONTRACT

As it is the intent of Lakeport and OpTerra Energy Services to pursue cost effective energy retrofits and ECMs at
the Sites pursuant to an Energy Services Contract, both Parties agree to enter into good faith negotiations of an
Energy Services Contract immediately following completion of the Assessment.

6. WORK PRODUCT

Lakeport will not, by virtue of this Agreement, acquire any interest in any formulas, patterns, devices, secret
inventions or processes, copyrights, patents, other intellectual or proprietary rights, or similar items of property which
are or may be used in connection with the Assessment or the Recommendations. The Recommendations, and all
data, proposals, plans, specifications, flow sheets, drawings, and other work product prepared or produced by
OpTerra Energy Services hereunder (Work Product) and furnished directly or indirectly, in writing or otherwise, to
Lakeport under this Agreement will remain OpTerra Energy Services property and will be used only in connection
with work performed by OpTerra Energy Services. OpTerra Energy Services will be deemed the author and owner of
such Work Product and will retain all common law, statutory and other reserved rights, including copyrights. The
Work Product may not be used by Lakeport as a basis for facility construction or implementation of ECMs developed
herein by any entity other than OpTerra Energy Services, without the prior written agreement of OpTerra Energy
Services. Any unauthorized use of the Work Product will be at Lakeports sole risk and without liability to OpTerra
Energy Services, and Lakeport agrees to defend, indemnify and hold harmless, OpTerra Energy Services, its
subcontractors, and their directors, employees, subcontractors, and agents from any and all actions, claims,
demands, damages, disabilities, fines, penalties, losses, costs, expenses (including consultants and attorneys fees
and other defense expenses) and liabilities of any nature (collectively, Losses) associated with or resulting from
such use.

7. LIMITATION OF LIABILITY

The liability of a defaulting Party, in connection with this Agreement or any analysis, report, recommendations, or
other deliverables provided hereunder, will be limited to direct, actual damages. Neither Party shall be liable to the
other Party for any special, indirect, incidental or consequential damages whatsoever, whether in contract, tort
(including negligence) or strict liability, including, but not limited to, operational losses in the performance of business
such as lost profits or revenues or any increase in operating expense. Additionally, each Party waives any claims for
negligence against the other Party to the greatest extent permitted by law. In no event will OpTerra Energy Services
be liable to Lakeport for any Losses which collectively exceed the amount of the Assessment Fee, regardless of
whether such amounts arise out of breach of contract, guarantee or warranty, tort, product liability, contribution, strict
liability or any other legal theory.

8. NONDISCRIMINATION; COMPLIANCE WITH LAWS

OpTerra Energy Services will comply with all applicable laws, rules, regulations and policies, including, but not
limited to, those relating to nondiscrimination, accessibility and civil rights.
Rev. Date: __________ Page 3 of 9
Program Development Agreement
V01/01/16
ATTACHMENT 2

The Parties acknowledge and agree that OpTerra Energy Services is not a municipal advisor and cannot give
advice to Lakeport with respect to municipal securities or municipal financial products absent Lakeport being
represented by, and relying upon the advice of, an independent registered municipal advisor. OpTerra Energy
Services is not subject to a fiduciary duty with regard to Lakeport or the provision of information to Lakeport. Lakeport
will consult with an independent registered municipal advisor about the financing option(s) appropriate for Lakeports
situation.

OpTerra Energy Services cannot guarantee that Lakeport will receive funding from any energy efficiency rebate,
incentive, and/or loan program(s) (collectively, Incentive Funds); OpTerra Energy Services expressly disclaims any
liability for Lakeports failure to receive any portion of the Incentive Funds, and Lakeport acknowledges and agrees
that OpTerra Energy Services will have no liability for any failure to receive all or any portion of the Incentive Funds.

9. FORCE MAJEURE

Neither Party will be considered to be in default in the performance of any material obligation under this
Agreement (other than the obligation to make payments) when a failure of performance will be due to an event of
Force Majeure. The term Force Majeure will mean any cause beyond the control of the affected Party and which by
the exercise of due diligence such Party could not reasonably have been expected to avoid and which, despite using
commercially reasonable efforts, it has been unable to overcome. Neither Party will be relieved of its obligation to
perform if such failure is due to causes arising out of its own negligence or due to removable or remediable causes
which it fails to remove or remedy within a reasonable time period. Either Party rendered unable to fulfill any of its
obligations under this Agreement by reason of an event of Force Majeure will give prompt written notice of such fact
to the other Party.

10. INTEGRATION; AMENDMENT; COUNTERPARTS

This Agreement constitutes the entire contract among the Parties relating to the subject matter hereof and
supersedes any and all previous agreements and understandings, oral or written, relating to the subject matter
hereof. This Agreement may not be amended except by a writing executed by both Parties. No oral amendment shall
be enforceable, even if supported by new consideration. Except as otherwise provided herein, the terms and
provisions of this Agreement will apply to, be binding upon, and inure to the benefit of the Parties hereto and their
respective heirs, legal representatives, successors, and permitted assigns.

This Agreement may be executed in counterparts (and by different parties hereto in different counterparts), each
of which shall constitute an original, but all of which when taken together shall constitute a single contract. Delivery of
an executed counterpart of a signature page of this Agreement by email shall be effective as delivery of a manually
executed counterpart of this Agreement.

11. DISPUTE RESOLUTION; APPLICABLE LAW; VENUE; SEVERABILITY

If a dispute arises out of or relates to this Agreement, or the transaction contemplated by this Agreement (a
Dispute), either Party may initiate the dispute resolution process set forth in this Section 11 by giving notice to the
other Party. Senior executives for the Parties will meet, within thirty (30) calendar days after notice of the Dispute, in
an attempt to resolve the Dispute and any other identified disputes or any unresolved issues that may lead to a
dispute. If the senior executives are unable to resolve a Dispute or if a senior management conference is not held
within the time provided herein, either Party may submit the Dispute to mediation.

If the Dispute is not settled by senior management conference, the Parties will endeavor to settle the Dispute by
mediation under the Commercial Mediation Procedures of the American Arbitration Association (AAA). Mediation is
a condition precedent to arbitration or the institution of legal or equitable proceedings by either Party. Once one Party
files a request for mediation with the other Party and with the American Arbitration Association, the Parties agree to
conclude the mediation within sixty (60) calendar days after filing the request. Either Party may terminate the
mediation at any time after the first session, but the decision to terminate must be delivered in person by the Partys
representative to the other Partys representative and the mediator.

If the Dispute is not resolved by mediation within sixty (60) calendar days after the date of filing of the request for
mediation, then the exclusive means to resolve the Dispute is final and binding arbitration. Either Party may initiate
arbitration proceedings by notice to the other Party and the American Arbitration Association. The following provisions
apply to all arbitration proceedings pursuant to this Article: (i) The place of arbitration will be the American Arbitration
Association office closest to where the Assessment was performed; (ii) one arbitrator will conduct the arbitral
proceedings in accordance with the Commercial Arbitration Rules and Mediation Procedures (excluding the
Rev. Date: __________ Page 4 of 9
Program Development Agreement
V01/01/16
ATTACHMENT 2

Procedures for Large, Complex Commercial Disputes) of the American Arbitration Association currently in effect
(Arbitration Rules) (to the extent of any conflicts between the Arbitration Rules and the provisions of this Agreement,
the provisions of this Agreement prevail); (iii) the Parties will submit true copies of all documents considered relevant
with their respective statement of claim or defense, and any counterclaim or reply (in the discretion of the arbitrator,
the production of additional documents that are relevant and material to the determination of the Dispute may be
required); (iv) the arbitrator does not have the power to award, and may not award, any punitive, indirect or
consequential damages (however denominated); all arbitration fees and costs are to be shared equally by the parties,
regardless of which Party prevails, and each Party will pay its own costs of legal representation and witness
expenses; (v) the award must be in the form of a reasoned award; (vi) the Dispute will be resolved as quickly as
possible, and the arbitrator will endeavor to issue the arbitration award within six (6) months after the date on which
the arbitration proceedings were commenced; and (vii) the award will be final and binding and subject to confirmation
and enforcement proceedings in any court of competent jurisdiction.

If any term of this Agreement is declared by a court to be illegal, invalid or unenforceable, the legality, validity
and enforceability of the other terms of this Agreement will not be affected or impaired thereby, and the rights and
obligations of the Parties will be enforced as if the illegal, invalid or unenforceable term were revised to the minimum
extent necessary to make such term legal, valid and enforceable.

[the Parties signatures appear on the following page]

Rev. Date: __________ Page 5 of 9


Program Development Agreement
V01/01/16
ATTACHMENT 2

IN WITNESS WHEREOF, and intending to be legally bound, the Parties hereto subscribe their names to this
Agreement.

OPTERRA ENERGY SERVICES: LAKEPORT:

OpTerra Energy Services, Inc. City of Lakeport

By: By:

Print Name: Print Name:

Title:_________________________________________ Title: ______________________________________

Rev. Date: __________ Page 6 of 9


Program Development Agreement
V01/01/16
ATTACHMENT 2

ATTACHMENT A

SCOPE OF WORK

I. Required Documents (Needed to Proceed).

A. Lakeport will provide the following detailed documentation:

1. Most recent two (2) years of audited financial statements.

2. Actual utility company invoices for all utilities serving the Sites, for a minimum of three (3) years, and
preferably five (5) years, immediately prior to the date hereof, with, beginning with the most recently
completed month.

3. Utility company demand interval recordings of 15/30-minute electrical demand for characteristic months of
the year, where available.

4. Record drawings (AutoCAD or hard copy) for the Sites:


a. mechanical
b. electrical
c. structural
d. architectural
e. modifications and remodels
f. site landscaping

5. AutoCAD or hard copy of 8 x 11 or 11 x 17 floor and roof plans of all Sites, as well as information on
the age, type and condition of buildings and roofs.

6. A list of key contacts at each Site, including Lakeport personnel knowledgeable of the electrical, HVAC,
lighting and controls systems.

II. Scope of Work.

The Integrated Energy Assessment (the Assessment) will be performed as described below:

A. Perform detailed review of documents delivered above.

B. Perform an inspection survey to:

1. Identify potential energy conservation measures (ECMs) and opportunities for distributed and renewable
generation technologies.

2. Identify the potential locations and type of application for solar photovoltaics (PV) and other ECM
installations.

3. Interview the facility manager, chief engineer, or others as needed.

4. Identify comfort or system-function problems which may impact the performance of the recommended
measures.

5. Obtain the hours of operation for building systems and equipment, and expected occupancy and use.

6. Survey major energy using equipment, and record (to extent available) the pertinent information for the
following:
a. Lighting
b. HVAC equipment
c. Other (process, outdoor lighting, etc.)

Rev. Date: __________ Page 7 of 9


Program Development Agreement
V01/01/16
ATTACHMENT 2

7. Perform Site survey, consisting of:


a. Site walk
b. Shading analysis

C. Perform Utility Analysis and Solar Photovoltaic Production Analysis:


1. Identify current rate schedule, analyze electrical usage and model load profile for each Site
2. Determine historical Site-specific rate escalation
3. Determine expected solar photovoltaic production curve for proposed Sites
4. Overlay electrical load profile with expected solar photovoltaic production curve, to right-size the solar
photovoltaic system(s) and identify rate restructuring opportunities.

D. Analyze HVAC and electrical usage for each Site, where existing historical sub-meter data is available.

E. OpTerra Energy Services will provide to Lakeport Recommendations which will include:
1. A draft Energy Services Contract which will include the contract amount, scope of work, and payment
schedule
2. A cash flow for the project which is compatible with Lakeports investment and infrastructure improvement
goals

III. Technologies to be Considered:

A. The technologies listed below will be considered during the performance of assessments:

1. Lighting
a. Interior lighting fixture retrofit
b. Interior lighting controls
c. Street lighting fixture retrofit
d. Park lighting fixture retrofit
e. LED parking lot lighting
f. Energy efficient security lighting

2. HVAC unit replacement

3. Solar photovoltaic system

4. Electric vehicle charging stations

Rev. Date: __________ Page 8 of 9


Program Development Agreement
V01/01/16
ATTACHMENT 2

ATTACHMENT B

LAKEPORT SITE INVENTORY

(all Sites both included and excluded must be listed)

PART I: SITES INCLUDED IN ASSESSMENT

Site Name Floor Area (square feet)

Building Name Address Sqft

Wastewater Treatment Plant (5303820110) 795 Linda Lane, Lakeport, CA 1,600

Wastewater Treatment Plant (0926692102) 795 Linda Lane, Lakeport, CA 600

Wastewater Treatment Plant (5303820296) 695 Linda Lane, Lakeport, CA 600

Corporate Yard (5303820468) 590 Konocti Ave, Lakeport, CA 1,404

Corporate Yard (5303820499) 591 Martin St, Lakeport, CA 1,600

Corporate Yard (5303820815) 591 Martin St, Lakeport, CA 4,016

City Water Wells 1604 Riggs Rd, Lakeport, CA 168

City Hall 225 Park St, Lakeport, CA 9,923

Police Department 2025 S. Main St, Lakeport, CA 4,995

Carnegie Library 200 Park St, Lakeport, CA 1,972

Street Lights 225 Park St, Lakeport, CA N/A

PART II: SITES NOT INCLUDED IN ASSESSMENT

Site Name Floor Area (square feet)

All sites not listed above

Rev. Date: __________ Page 9 of 9


Program Development Agreement
V01/01/16
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: Refinancing the Citys Outstanding 2007A Wastewater Revenue MEETING DATE: 9/19/2017
Bonds

SUBMITTED BY: Nick Walker, Finance Director

PURPOSE OF REPORT: Information only Discussion Action Item

RECOMMENDATION:
It is recommended that the City of Lakeport (the City) adopt Resolution No. XXXX (2017), A Resolution
of the City Council of the City of Lakeport Directing Staff to Initiate the Process of Issuing Wastewater
Revenue Refunding Bonds in the Aggregate Principal Amount of Approximately $3,000,000.

BACKGROUND/DISCUSSION:
The California Statewide Communities Development Authority Wastewater Revenue Bonds, Series 2007A (the
Prior Bonds) were originally issued on January 3, 2008, in the aggregate principal amount of $3,060,000. The
proceeds of the Prior Bonds were used to:
1) refinance the Citys 1978 Sewer Bonds
2) pay costs of issuance of the Prior Bonds.

The outstanding Prior Bonds have a balance of $2.51 million with a combined total debt service of
approximately $3.99 million and interest rates that range from 4.00% in 2018, to 4.75% in their final maturity
of 2038. The Prior Bonds are callable on any date at par on or after October 1, 2018 without a prepayment penalty.
A refunding closing in October 2017 would advance refund the Prior Bonds, placing funds in escrow accounts
until the par call date of October 1, 2018.

Current market interest rates are estimated at approximately 2.25% TIC which are significantly below the interest
rates on the Prior Bonds. Therefore, issuing the new bonds to refinance the Prior Bonds is expected to produce
lower debt service and therefore generate savings to the Citys wastewater system.
REVIEW AND ANALYSIS:
City staff has been working with its consultants to analyze and evaluate potential savings by refinancing the Prior
Bonds. These consultants have worked with the City on prior bond transactions including the last financing for
the Successor Redevelopment Agency in 2016.

Due to the current, historically low, interest rate environment and the ability to refinance the Prior Bonds at par
(without pre-payment penalty) on their first call date of October 1, 2018, debt service savings can be generated
by selling the Bonds by a private placement. City staff and its consultants have evaluated the benefits of a public
offering versus a private placement and have determined that a private placement results in the greatest savings
benefit to the City. In addition, a private placement sale is a simpler process, has less issuance costs, and has
reduced annual reporting requirements.

All of the costs of issuance associated with the refunding are paid out of bond proceeds upon closing. If the
Council adopts the Resolution, staff will work with NHA Advisors, LLC as municipal advisor, The Weist Law
Firm as bond counsel, and Hilltop Securities, Inc. as placement agent, to bring an appropriate set of documents
(e.g., Indenture, Escrow Agreement) back to Council at the meeting of October 17, 2017. This financing team
will work to sell the Bonds in early November and close the refinancing later that month. Bond proceeds will
be deposited into an irrevocable escrow to repay the Prior Bonds on October 1, 2018, which results in the
refinancing being an advanced refunding for Federal tax purposes.

Preliminary analysis has shown that the greatest savings to the City comes by utilizing the lower interest rates to
shorten the term of prior bonds from anywhere between 4 and 10 years. The remaining term of the prior bonds
is approximately 20 years. The refunding bonds could be issued with a similar annual debt service requirement
and a term of 16 years, essentially eliminating the final 4 years of debt service payments. Further reductions in
terms would result in greater savings but increase the annual debt service requirements over the remaining term.
Staff will work to determine the best scenario by weighing annual debt service requirements, NPV savings and
strategic placement for capital project completion by improving the Districts cash flow position upon
termination of the term of the refunding bonds.

OPTIONS:
1. Approve the resolution authorizing the City Manager and Finance Director to work with the
financing team to refinance the Prior Bonds by issuing wastewater revenue refunding bonds with a
principal amount of approximately $3,000,000.

2. Do not approve the resolution.

FISCAL IMPACT:
None $ $125,000 issuance cost, ~$468,000 PV savings 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: Total savings will be based upon final interest rates set on the day of pricing (expected early
October). Based on current market rates for privately placed bonds, total savings of approximately $737,000
and net present value (NPV) savings of approximately $468,000 or 18.7% of the refunded bonds. Industry
standards state that savings in excess of 3.00% NPV are worthy of refunding consideration. The total costs of
issuance are estimated at $125,000 and are included in the savings analysis so that the estimated savings are net
of the issuance costs.

SUGGESTED MOTION:
Approve the resolution authorizing the City Manager and Finance Director to work with the financing team
to refinance the Prior Bonds by issuing wastewater revenue refunding bonds with a principal amount of
approximately $3,000,000.

Attachments: 1. Resolution Directing Staff to Initiate the Process of Issuing Wastewater


Revenue Refunding Bonds in the Aggregate Principal Amount of
Approximately $3,000,000
ATTACHMENT 1

RESOLUTION NO. _____ (2017)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKEPORT


AUTHORIZING COMMENCEMENT OF PROCEEDINGS TO REFINANCE
ALL OUTSTANDING SERIES 2007A WASTEWATER REVENUE BONDS,
AND APPOINTING CONSULTANTS IN CONNECTION THEREWITH

WHEREAS, the City of Lakeport (the City) has heretofore caused (through the California
Statewide Communities Development Authority) the issuance of its Series 2007A Wastewater
Revenue Bonds in the original amount of $3,060,000, which are presently outstanding in the
approximate aggregate principal amount of $2,510,000(the Prior Obligations); and

WHEREAS, the City Council, after due investigation and deliberation, desires to arrange for the
procurement of low interest rate municipal financing in connection with the proposed prepayment
and defeasance (hereafter referred to as Refunding) of the Citys remaining outstanding principal
balances of Prior Obligations, and thereby save the City and its ratepayers money as a result of
reduced debt service payments stemming from such Refunding; and

WHEREAS, the City intends to take all action necessary to provide for the issuance of one or
more series (as is determined most economically advantageous prior to the time of issuance) of
City of Lakeport, Series 2017 Wastewater Revenue Refunding Obligations (2017 Wastewater
Refunding Project), Bank Qualified (the 2017 Obligations), the proceeds of which will be
placed in an irrevocable escrow fund with the trustee for the Prior Obligations and used solely for
the purpose of prepaying, and extinguishing the liens of, all outstanding Prior Obligations on the
respective first optional prepayment date; and

WHEREAS, in order to efficiently accomplish the Refunding, the City desires to appoint NHA
Advisors as Municipal Advisor, Hilltop Securities Inc. as Placement Agent and The Weist Law
Firm as Bond Counsel to provide the necessary professional services in connection therewith; and

WHEREAS, this action does not constitute a Project under California Environmental Quality
Act (CEQA) Guidelines Section 15378; and

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lakeport, as


follows:

Section 1. Recitals and Findings. The City Council hereby specifically finds and declares that
each of the statements, findings and determinations set forth in the recitals set forth above are true
and correct and that the Refunding is expected to result in significant public benefits to the City
and its ratepayers.

Section 2. Preliminary Intention to Proceed. The City Council hereby determines that it is
necessary and desirable to proceed with the Refunding of the Prior Obligations and issuance of
2017 Obligations, subject to final authorization thereof by resolution of the City at subsequent
meetings held for such purpose. This Resolution does not bind the City to make any expenditure,

1
ATTACHMENT 1

incur any indebtedness or ultimately provide for the Refunding or the issuance of 2017
Obligations.

Section 3. Authorized Representatives. The Mayor, City Manager, Finance Director, and any
other person authorized by the City manager to act on behalf of the City shall each be an
Authorized Representative of the City for the purposes of structuring and providing for the
matter to be brought back to the City Council for further consideration, and are hereby authorized,
jointly and severally, in each of their discretion, to effectuate the actions which the City Council
has approved in this Resolution.

Section 4. Appointing Bond Counsel, Municipal Advisor and Placement Agent. The City
hereby designates and appoints The Weist Law Firm to serve as Bond Counsel; NHA Advisors to
serve as Municipal Advisor; and Hilltop Securities Inc. as Placement Agent in connection with the
issuance of 2017 Obligations and defeasance of the Prior Obligations. The City Manager is
authorized and directed to execute an agreement with each of such firms, with such changes
therein, deletions therefrom and additions thereto as the City Manager may require or approve,
such approval to be conclusively evidenced by the execution and delivery thereof.

Section 5. Effective Date. This Resolution shall take effect from and after the date of its passage
and adoption.

RESOLVED, APPROVED AND ADOPTED by the City of Lakeport on this 19th day of
September, 2017, by the following vote:

AYES:
NOES:
ABSTAIN:
ABSENT:

_______________________
Stacey Mattina, Mayor
Attest:

_______________________
Kelly Buendia, City Clerk

2
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 Service Agreements for Background Investigative MEETING DATE: 9/19/2017
Services

SUBMITTED BY: Kelly Buendia, Administrative Services Director

PURPOSE OF REPORT: Information only Discussion Action Item

WHAT IS BEING ASKED OF THE CITY COUNCIL/BOARD:


The City Council is being asked to approve four (4) Professional Service Agreements for employment background
investigative services with James Bauman dba Pacific Quest Investigations; Gary R. Buchholz dba LACO
Investigation; Cline Investigations, LLC; and Bob Nishiyama Investigations.

BACKGROUND/DISCUSSION:
As part of its due diligence in the hiring process, the City of Lakeport utilizes background investigators for both
sworn and nonsworn employment candidates. For several years, the city has relied upon the services of
investigator, Ed Bean, to conduct these pre-employment background investigations. Mr. Bean recently moved
out of county and can no longer provide the service.

The Police Chief and Administrative Services Director set out to find a new background investigator and
determined it was in the interest of the City not only to get the three requisite quotes required by city
purchasing policy, but also to conduct a thorough search for firms that could provide this service. A request for
proposals/qualifications (RFPQ) was sent out to several investigative firms in Lake and Mendocino Counties. The
RFPQ set forth that firms understand the Commission on Peace Officer Standards and Training (POST)
requirements for background investigations. The firms would also need to understand the legalities involved
with non-sworn investigators and privacy concerns.

As part of a thorough review and interview process, the Police Chief and Administrative Services Director
examined the qualifications and availability of each consultant that responded to the RFPQ. There were four
firms identified that met the requisite qualifications: James Bauman dba Pacific Quest Investigations; Gary R.
Buchholz dba LACO Investigation; Cline Investigations, LLC; and Bob Nishiyama Investigations. None of the
consultants could individually guarantee full availability due to existing obligations. Therefore, a determination
was made to enter into contracts with each firm and utilize the firms based on availability.

The City entered into short-term agreements with the four firms under the City Managers signature authority.
Necessary services will likely exceed that authority soon. Staff would like to enter into five-year agreements
with each consultant and costs would be controlled through the budget process. The City anticipates long-term
relationships with these four firms. The City Attorney recommends a five-year term in order to have
opportunity to update contract language, if needed.

Meeting Date: 09/17/2017 Page 1 Agenda Item #VI.C.1.


OPTIONS:

FISCAL IMPACT:
None $ Budgeted Item? Yes No
Budget Adjustment Needed? Yes No If yes, amount of appropriation increase: $20,000
Affected fund(s): General Fund Water OM Fund Sewer OM Fund Other: RDA
Comments:

SUGGESTED MOTION:
Move to approve and authorize the City Manager to execute the proposed professional services agreements
with James Bauman dba Pacific Quest Investigations; Gary R. Buchholz dba LACO Investigation; Cline
Investigations, LLC; and Bob Nishiyama Investigations.

Attachments: 1. Agreement with James Bauman dba Pacific Quest Investigations


2. Agreement with Gary R. Buchholz dba LACO Investigation
3. Agreement with Cline Investigations, LLC
4. Agreement with Bob Nishiyama Investigations

Meeting Date: 09/17/2017 Page 2 Agenda Item #VI.C.1.


ATTACHMENT 1

Professional Services Agreement


(City of Lakeport /James Bauman dba Pacific Quest Investigations)

PROFESSIONAL SERVICES AGREEMENT FOR CONSULTANT SERVICES


(City of Lakeport / James Bauman DBA Pacific Quest Investigations)

1. IDENTIFICATION

This PROFESSIONAL SERVICES AGREEMENT (Agreement) is entered into as of


the last date indicated below by and between the City of Lakeport, a California municipal
corporation (City), and James Bauman DBA Pacific Quest Investigations, an individual
(Consultant) (collectively, parties).

2. RECITALS

2.1 City has determined that it requires the following professional services from a
consultant: Investigative 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 means such professional services as are set forth in
Consultants June 12, 2017 proposal to City attached hereto as Exhibit A and
fully incorporated herein by this reference.

3.2 Approved Fee Schedule means such compensation rates as are set forth in
Consultants June 12, 2017 proposal to City attached hereto as Exhibit A and
fully incorporated herein by this reference. This fee schedule shall remain in effect
for the duration of this Agreement unless modified in writing by mutual agreement
of the parties.

3.3 Commencement Date means October 1, 2017

3.4 Termination Date means September 30, 2022.

3.5 City Agreement Administrator means Kelly Buendia, Administrative Services


Director.

3.6 Consultant Project Administrator means James Bauman.

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ATTACHMENT 1

Professional Services Agreement


(City of Lakeport /James Bauman dba Pacific Quest Investigations)

4. TERM

The term of this Agreement shall commence at 12:00 a.m. on the Commencement Date
and shall terminate at 11:59 p.m. on the Termination Date unless extended in writing by mutual
agreement of the parties or terminated earlier in accordance with Section 18 (Termination)
below.

5. CONSULTANTS SERVICES

5.1 Time is of the essence in Consultants performance of services under this


Agreement.

5.2 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
changes mutually agreed upon by the parties, and any corresponding increase or
decrease in compensation, shall be incorporated by written amendment to this
Agreement.

5.3 Consultant shall perform all work to the highest standards of Consultants
profession and in a manner reasonably satisfactory to City. Consultant shall comply
with all applicable federal, state and local laws and regulations, including the
conflict of interest provisions of Government Code Section 1090 and the Political
Reform Act (Government Code Section 81000 et seq.).

5.4 Consultant represents that it has advised City in writing prior to the date of signing
this Agreement of any known relationships with third parties, City Council
Members, or employees of City which would (1) present a conflict of interest with
the rendering of services under this Agreement under Government Code
Section 1090, the Political Reform Act (Government Code Section 81000 et seq.),
or other applicable law, (2) prevent Consultant from performing the terms of this
Agreement, or (3) present a significant opportunity for the disclosure of
confidential information.

5.5 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.

5.6 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. James

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Professional Services Agreement


(City of Lakeport /James Bauman dba Pacific Quest Investigations)

Bauman shall be the Consultant Project Administrator and shall have direct
responsibility for management of Consultants performance under this Agreement.
No other person shall serve as Consultant Project Administrator without Citys
prior written consent.

5.7 This Agreement covers professional services of a specific and unique nature.
Except as otherwise provided herein, Consultant shall not assign or transfer its
interest in this Agreement or subcontract any services to be performed without
amending this Agreement.

5.8 Consultant shall be responsible to City for all services to be performed under this
Agreement. All subconsultants shall be approved by the City Agreement
Administrator and their billing rates identified in the Approved Fee Schedule,
Exhibit B. City shall pay Consultant for work performed by its subconsultants
(including labor) only at Consultants actual cost plus an approved mark-up as set
forth in the Approved Fee Schedule, Exhibit B. Consultant shall be liable and
accountable for any and all payments, compensation, and federal and state taxes to
all subconsultants performing services under this Agreement. City shall not be
liable for any payment, compensation, or federal and state taxes for any
subconsultants.

5.9 Consultant shall notify the City Agreement Administrator, in writing, of any change
in name, ownership or control of Consultants firm or of any subconsultant. Change
of ownership or control of Consultants firm may require an amendment to the
Agreement.

5.10 This Agreement is subject to prevailing wage law, for all work performed under the
Agreement for which the payment of prevailing wages is required under the
California Labor Code. In particular, Consultant acknowledges that prevailing
wage determinations are available for the performance of inspection and survey
work.

6. COMPENSATION

6.1 City agrees to compensate Consultant for the services provided under this
Agreement, and Consultant agrees to accept payment in accordance with the
Approved Fee Schedule in full satisfaction for such services.

6.2 Consultant shall submit to City an invoice, on a monthly basis or less frequently,
for services performed pursuant to this Agreement. Each invoice shall identify the
services rendered during the billing period and the amount due for the invoice. All
labor charges shall be itemized by employee name and classification/position with
the firm, the corresponding hourly rate, the hours worked, a description of each

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Professional Services Agreement


(City of Lakeport /James Bauman dba Pacific Quest Investigations)

labor charge, and the total amount due for labor charges. City shall not withhold
applicable taxes or other payroll deductions from payments made to Consultant
except as otherwise required by law. Consultant shall include a copy of each
subconsultant invoice for which reimbursement is sought in the invoice.

6.3 The parties agree to meet and confer at mutually agreeable times to resolve any
disputed amounts contained in an invoice submitted by Consultant.

6.4 Payments for any services requested by City and not included in the Scope of
Services may be made to Consultant by City on a time-and-materials basis pursuant
to the Approved Fee Schedule and without amendment of this Agreement, so long
as such payment does not cause the maximum amount payable above to be
exceeded.

7. 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 use or dissemination by City. Consultant may take and retain copies
of such written products as desired, but shall not seek to copyright such written products.

8. 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.

Under no circumstances shall Consultant look to the City as its 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 California Public Employees Retirement
System (CalPERS) retirement benefits, if any, 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, workers compensation, and other applicable
federal and state taxes.

9. AGREEMENT ADMINISTRATOR

In performing services under this Agreement, Consultant shall coordinate all contact with
City through its City Agreement Administrator. City reserves the right to change this designation

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Professional Services Agreement


(City of Lakeport /James Bauman dba Pacific Quest Investigations)

upon written notice to Consultant. All services under this Agreement shall be performed at the
request of the City Agreement Administrator, who will establish the timetable for completion of
services and any interim milestones.

10. INDEMNIFICATION

10.1 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 parties intend the provisions of this indemnity provision 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.

10.2 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, losses, costs and 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 which 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 expenses of litigation. Consultant shall not be
entitled to any refund of attorneys fees, defense costs or expenses in the event that
it is adjudicated to have been non-negligent.

10.3 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
failure to pay City promptly any indemnification arising under this Section 10 of
this Agreement 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.

10.4 The obligations of Consultant under this Section 10 of this Agreement are not
limited by the provisions of any workers compensation or similar statute.

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ATTACHMENT 1

Professional Services Agreement


(City of Lakeport /James Bauman dba Pacific Quest Investigations)

Consultant expressly waives its statutory immunity under such statutes as to City,
its officers, agents, employees and volunteers.

10.5 Consultant agrees to obtain executed indemnity agreements with provisions


identical to those set forth here in Section 10 of this Agreement 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, Consultant agrees to indemnify, hold harmless
and defend City, its officers, agents, employees and volunteers from and against
any and all claims, losses, costs and 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.

10.6 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 whether or not any insurance policies apply
to a claim, demand, damage, liability, loss, cost or expense.

10.7 In the event that Consultant or any employee, agent, or subcontractor of Consultant
providing services under this Agreement claims or is determined by a court of
competent jurisdiction or CalPERS to be eligible for enrollment in CalPERS as an
employee of the City, Consultant shall indemnify, defend, and hold harmless City
for the payment of any employee and/or employer contributions for CalPERS
benefits on behalf of Consultant or its employees, agents, or subcontractors, as well
as for the payment of any penalties and interest on such contributions, which would
otherwise be the responsibility of City.

10.8 Notwithstanding any federal, state, or local policy, rule, regulation, law or
ordinance to the contrary, Consultant and any of its employees, agents, and
subcontractors providing service under this Agreement shall not qualify for or
become entitled to, and hereby agree to waive any claims to, any compensation,
benefit, or any incident of employment by City, including but not limited to
eligibility to enroll in CalPERS as an employee of City and entitlement to any
contribution to be paid by City for employer contribution and/or employee
contributions for CalPERS benefits.

11. INSURANCE

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ATTACHMENT 1

Professional Services Agreement


(City of Lakeport /James Bauman dba Pacific Quest Investigations)

11.1 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.

11.2 Any available insurance proceeds broader than or in excess of the specified
minimum Insurance coverage requirements or limits shall be available to City as
an Additional Insured as provided below. 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.

11.3 Insurance required under this Agreement shall be of the types set forth below, with
minimum coverage as described:

11.3.1 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.

11.3.2 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.

11.3.3 Workers Compensation insurance if and as required by the laws of the State
of California.

11.3.4 Professional Errors and Omissions Insurance with coverage limits of not
less than One Million Dollars ($1,000,000).

11.4 Consultant shall require each of its subconsultants to maintain insurance coverage
that meets all of the requirements of this Agreement provided however, that the
City Agreement Administrator may waive the provision of Errors and Omissions
Insurance by subconsultants in his or her sole discretion.

11.5 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.

11.6 Consultant agrees that if it does not keep the insurance coverages required by this
Agreement in full force and effect, City may either (i) immediately terminate this

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Professional Services Agreement


(City of Lakeport /James Bauman dba Pacific Quest Investigations)

Agreement; or (ii) take out the necessary insurance and pay the premium(s) thereon
at Consultants expense.

11.7 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
required coverages are in effect and naming City and its officers, employees, agents
and volunteers as Additional Insureds. Prior to commencement of work under this
Agreement, Consultant shall file with Citys Risk Manager such certificate(s) and
Forms CG 20 10 07 04 and CG 20 37 07 04 or the substantial equivalent showing
City as an Additional Insured.

11.8 Consultant shall provide proof that policies of insurance required by this Agreement
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.

11.9 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
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.

11.10 The insurance provided by Consultant shall be primary to any other 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.

11.11 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.

11.12 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.

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Professional Services Agreement


(City of Lakeport /James Bauman dba Pacific Quest Investigations)

11.13 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 10 of this Agreement.

11.14 Consultant may be self-insured under the terms of this Agreement only with express
written approval from the City.

11.14.1 All self-insured retentions (SIR) must be disclosed to the City for approval
and shall not reduce the limits of liability.

11.14.2 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.

11.15 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.

12. MUTUAL COOPERATION

12.1 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.

12.2 If any claim, action, or proceeding 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, action, or
proceeding.

13. 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

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legally required. Upon request, all City data shall be returned to City upon the termination or
expiration of this Agreement.

14. RECORDS AND INSPECTIONS

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. City shall further
have the right to make transcripts therefrom and to inspect all program data, documents,
proceedings, and activities.

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.

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:

KELLY BUENDIA James Bauman


DBA Pacific Quest Investigations
Administrative Services Director 485 North Main/P.O. Box 513
225 Park Street Lakeport, CA 95453
Lakeport, CA 95453 Telephone: (707) 263-3074
Telephone: (707) 263-5615 Facsimile: (707) 263-3222
Facsimile: (707) 263-8584

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ATTACHMENT 1

Professional Services Agreement


(City of Lakeport /James Bauman dba Pacific Quest Investigations)

With courtesy copy to:

David J. Ruderman, City Attorney


Colantuono, Highsmith & Whatley, PC
420 Sierra College Drive, Suite 140
Grass Valley, California 95945-5091
Telephone: (530) 432-7357
Facsimile: (530) 432-7356

17. SURVIVING COVENANTS

The parties agree that the covenants contained in Section 10, Section 13, Paragraph 12.2
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
promptly 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 as provided in Section 5.2
above and as otherwise provided in this Agreement.

19. GENERAL PROVISIONS Consultant shall not delegate, transfer, subcontract or


assign its duties or rights hereunder, either in whole or in part, without Citys prior

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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.

19.2. 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.

19.3. The captions appearing at the commencement of the sections hereof, and in any
paragraph thereof, are 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 shall govern 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 and vice
versa, in any place or places herein in which the context requires such
substitution(s).

19.4. 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 any other term, covenant or
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 to be charged with the waiver.

19.5. 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.

19.6. 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 from 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 or all of such other rights, powers or remedies. If legal
action shall be necessary to enforce any term, covenant or condition contained in
this Agreement, the party prevailing in such action, whether or not reduced to
judgment, shall be entitled to its reasonable court costs, including any accountants
and attorneys fees expended in the 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.

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19.7. 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.

19.8. This Agreement shall be governed and construed in accordance with the laws of the
State of California.

19.9. All documents referenced as exhibits in this Agreement are hereby incorporated
into this Agreement. In the event of any material discrepancy between the
provisions of this Agreement and those 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 on behalf of the City and Consultant.

19.10. Consultant shall not discriminate against any employee or applicant for
employment because of race, sex (including pregnancy, childbirth, or related
medical condition), creed, national origin, color, disability as defined by law,
disabled veteran status, Vietnam veteran status, religion, age (40 and above),
medical condition (cancer-related), marital status, ancestry, or sexual orientation.
Consultant shall take affirmative action to ensure that applicants are employed, and
that employees are treated during employment without regard to race, sex
(including pregnancy, childbirth, or related medical condition), creed, national
origin, color, disability as defined by law, disabled veteran status, Vietnam veteran
status, religion, age (40 and above), medical condition (cancer-related), marital
status, ancestry, or sexual orientation. Such action shall include, but not be limited
to, the following: employment, upgrading, demotion, or transfer; recruitment or
recruitment advertising; layoff or termination; rates of pay or other forms of
compensation; or in terms, conditions or privileges of employment, and selection
for training, Consultant agrees to post in conspicuous places, available to
employees and applicants for employment, the provisions of this nondiscrimination
clause.

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Professional Services Agreement


(City of Lakeport /James Bauman dba Pacific Quest Investigations)

TO EFFECTUATE THIS AGREEMENT, the parties have caused their duly authorized
representatives to execute this Agreement as of the last date indicated below:

City Consultant
James Bauman DBA Pacific Quest Investigations

By___________________________ By:_______________________________
MARGARET SILVEIRA JAMES BAUMAN, OWNER

Date:______________________ Date:_________________________

Attest:

By

Date:_______________________

Approved as to form:

By__________________________________
David J. Ruderman, City Attorney

Date: _________________________

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EXHIBIT A
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ATTACHMENT 2

Professional Services Agreement


(City of Lakeport / Gary Buchholz DBA LACO Investigations])

PROFESSIONAL SERVICES AGREEMENT FOR CONSULTANT SERVICES


(City of Lakeport / Gary Buchholz DBA LACO Investigations, an individual)

1. IDENTIFICATION

This PROFESSIONAL SERVICES AGREEMENT (Agreement) is entered into as of


the last date indicated below by and between the City of Lakeport, a California municipal
corporation (City), and Gary Buchholz DBA LACO Investigations, an individual (Consultant)
(collectively, parties).

2. RECITALS

2.1 City has determined that it requires the following professional services from a
consultant: Investigative 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 means such professional services as are set forth in
Consultants June 12, 2017 proposal to City attached hereto as Exhibit A and
fully incorporated herein by this reference.

3.2 Approved Fee Schedule means such compensation rates as are set forth in
Consultants June 12, 2017 proposal to City attached hereto as Exhibit A and
fully incorporated herein by this reference. This fee schedule shall remain in effect
for the duration of this Agreement unless modified in writing by mutual agreement
of the parties.

3.3 Commencement Date means October 1, 2017

3.4 Termination Date means September 30, 2022.

3.5 City Agreement Administrator means Kelly Buendia, Administrative Services


Director.

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(City of Lakeport / Gary Buchholz DBA LACO Investigations])

3.6 Consultant Project Administrator means Gary Buchholz.

4. TERM

The term of this Agreement shall commence at 12:00 a.m. on the Commencement Date
and shall terminate in accordance with Section 18 (Termination) below.

5. CONSULTANTS SERVICES

5.1 Time is of the essence in Consultants performance of services under this


Agreement.

5.2 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
changes mutually agreed upon by the parties, and any corresponding increase or
decrease in compensation, shall be incorporated by written amendment to this
Agreement.

5.3 Consultant shall perform all work to the highest standards of Consultants
profession and in a manner reasonably satisfactory to City. Consultant shall comply
with all applicable federal, state and local laws and regulations, including the
conflict of interest provisions of Government Code Section 1090 and the Political
Reform Act (Government Code Section 81000 et seq.).

5.4 Consultant represents that it has advised City in writing prior to the date of signing
this Agreement of any known relationships with third parties, City Council
Members, or employees of City which would (1) present a conflict of interest with
the rendering of services under this Agreement under Government Code
Section 1090, the Political Reform Act (Government Code Section 81000 et seq.),
or other applicable law, (2) prevent Consultant from performing the terms of this
Agreement, or (3) present a significant opportunity for the disclosure of
confidential information.

5.5 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.

5.6 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. Gary

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(City of Lakeport / Gary Buchholz DBA LACO Investigations])

Buchholz shall be the Consultant Project Administrator and shall have direct
responsibility for management of Consultants performance under this Agreement.
No other person shall serve as Consultant Project Administrator without Citys
prior written consent.

5.7 This Agreement covers professional services of a specific and unique nature.
Except as otherwise provided herein, Consultant shall not assign or transfer its
interest in this Agreement or subcontract any services to be performed without
amending this Agreement.

5.8 Consultant shall be responsible to City for all services to be performed under this
Agreement. All subconsultants shall be approved by the City Agreement
Administrator and their billing rates identified in the Approved Fee Schedule,
Exhibit B. City shall pay Consultant for work performed by its subconsultants
(including labor) only at Consultants actual cost plus an approved mark-up as set
forth in the Approved Fee Schedule, Exhibit B. Consultant shall be liable and
accountable for any and all payments, compensation, and federal and state taxes to
all subconsultants performing services under this Agreement. City shall not be
liable for any payment, compensation, or federal and state taxes for any
subconsultants.

5.9 Consultant shall notify the City Agreement Administrator, in writing, of any change
in name, ownership or control of Consultants firm or of any subconsultant. Change
of ownership or control of Consultants firm may require an amendment to the
Agreement.

5.10 This Agreement is subject to prevailing wage law, for all work performed under the
Agreement for which the payment of prevailing wages is required under the
California Labor Code. In particular, Consultant acknowledges that prevailing
wage determinations are available for the performance of inspection and survey
work.

6. COMPENSATION

6.1 City agrees to compensate Consultant for the services provided under this
Agreement, and Consultant agrees to accept payment in accordance with the
Approved Fee Schedule in full satisfaction for such services.

6.2 Consultant shall submit to City an invoice, on a monthly basis or less frequently,
for services performed pursuant to this Agreement. Each invoice shall identify the
services rendered during the billing period and the amount due for the invoice. All
labor charges shall be itemized by employee name and classification/position with
the firm, the corresponding hourly rate, the hours worked, a description of each

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labor charge, and the total amount due for labor charges. City shall not withhold
applicable taxes or other payroll deductions from payments made to Consultant
except as otherwise required by law. Consultant shall include a copy of each
subconsultant invoice for which reimbursement is sought in the invoice.

6.3 The parties agree to meet and confer at mutually agreeable times to resolve any
disputed amounts contained in an invoice submitted by Consultant.

6.4 Payments for any services requested by City and not included in the Scope of
Services may be made to Consultant by City on a time-and-materials basis pursuant
to the Approved Fee Schedule and without amendment of this Agreement, so long
as such payment does not cause the maximum amount payable above to be
exceeded.

7. 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 use or dissemination by City. Consultant may take and retain copies
of such written products as desired, but shall not seek to copyright such written products.

8. 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.

Under no circumstances shall Consultant look to the City as its 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 California Public Employees Retirement
System (CalPERS) retirement benefits, if any, 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, workers compensation, and other applicable
federal and state taxes.

9. AGREEMENT ADMINISTRATOR

In performing services under this Agreement, Consultant shall coordinate all contact with
City through its City Agreement Administrator. City reserves the right to change this designation

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upon written notice to Consultant. All services under this Agreement shall be performed at the
request of the City Agreement Administrator, who will establish the timetable for completion of
services and any interim milestones.

10. INDEMNIFICATION

10.1 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 parties intend the provisions of this indemnity provision 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.

10.2 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, losses, costs and 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 which 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 expenses of litigation. Consultant shall not be
entitled to any refund of attorneys fees, defense costs or expenses in the event that
it is adjudicated to have been non-negligent.

10.3 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
failure to pay City promptly any indemnification arising under this Section 10 of
this Agreement 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.

10.4 The obligations of Consultant under this Section 10 of this Agreement are not
limited by the provisions of any workers compensation or similar statute.

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Consultant expressly waives its statutory immunity under such statutes as to City,
its officers, agents, employees and volunteers.

10.5 Consultant agrees to obtain executed indemnity agreements with provisions


identical to those set forth here in Section 10 of this Agreement 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, Consultant agrees to indemnify, hold harmless
and defend City, its officers, agents, employees and volunteers from and against
any and all claims, losses, costs and 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.

10.6 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 whether or not any insurance policies apply
to a claim, demand, damage, liability, loss, cost or expense.

10.7 In the event that Consultant or any employee, agent, or subcontractor of Consultant
providing services under this Agreement claims or is determined by a court of
competent jurisdiction or CalPERS to be eligible for enrollment in CalPERS as an
employee of the City, Consultant shall indemnify, defend, and hold harmless City
for the payment of any employee and/or employer contributions for CalPERS
benefits on behalf of Consultant or its employees, agents, or subcontractors, as well
as for the payment of any penalties and interest on such contributions, which would
otherwise be the responsibility of City.

10.8 Notwithstanding any federal, state, or local policy, rule, regulation, law or
ordinance to the contrary, Consultant and any of its employees, agents, and
subcontractors providing service under this Agreement shall not qualify for or
become entitled to, and hereby agree to waive any claims to, any compensation,
benefit, or any incident of employment by City, including but not limited to
eligibility to enroll in CalPERS as an employee of City and entitlement to any
contribution to be paid by City for employer contribution and/or employee
contributions for CalPERS benefits.

11. INSURANCE

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11.1 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.

11.2 Any available insurance proceeds broader than or in excess of the specified
minimum Insurance coverage requirements or limits shall be available to City as
an Additional Insured as provided below. 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.

11.3 Insurance required under this Agreement shall be of the types set forth below, with
minimum coverage as described:

11.3.1 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.

11.3.2 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.

11.3.3 Workers Compensation insurance if and as required by the laws of the State
of California.

11.3.4 Professional Errors and Omissions Insurance with coverage limits of not
less than One Million Dollars ($1,000,000).

11.4 Consultant shall require each of its subconsultants to maintain insurance coverage
that meets all of the requirements of this Agreement provided however, that the
City Agreement Administrator may waive the provision of Errors and Omissions
Insurance by subconsultants in his or her sole discretion.

11.5 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.

11.6 Consultant agrees that if it does not keep the insurance coverages required by this
Agreement in full force and effect, City may either (i) immediately terminate this

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Agreement; or (ii) take out the necessary insurance and pay the premium(s) thereon
at Consultants expense.

11.7 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
required coverages are in effect and naming City and its officers, employees, agents
and volunteers as Additional Insureds. Prior to commencement of work under this
Agreement, Consultant shall file with Citys Risk Manager such certificate(s) and
Forms CG 20 10 07 04 and CG 20 37 07 04 or the substantial equivalent showing
City as an Additional Insured.

11.8 Consultant shall provide proof that policies of insurance required by this Agreement
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.

11.9 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
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.

11.10 The insurance provided by Consultant shall be primary to any other 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.

11.11 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.

11.12 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.

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11.13 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 10 of this Agreement.

11.14 Consultant may be self-insured under the terms of this Agreement only with express
written approval from the City.

11.14.1 All self-insured retentions (SIR) must be disclosed to the City for approval
and shall not reduce the limits of liability.

11.14.2 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.

11.15 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.

12. MUTUAL COOPERATION

12.1 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.

12.2 If any claim, action, or proceeding 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, action, or
proceeding.

13. 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

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legally required. Upon request, all City data shall be returned to City upon the termination or
expiration of this Agreement.

14. RECORDS AND INSPECTIONS

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. City shall further
have the right to make transcripts therefrom and to inspect all program data, documents,
proceedings, and activities.

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.

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:

KELLY BUENDIA Gary Buchholz


DBA LACO Investigations
Administrative Services Director 485 North Main/P.O. Box 513
225 Park Street Lakeport, CA 95453
Lakeport, CA 95453 Telephone: (707) 263-3075
Telephone: (707) 263-5615 Facsimile: (707) 263-3222
Facsimile: (707) 263-8584

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ATTACHMENT 2

Professional Services Agreement


(City of Lakeport / Gary Buchholz DBA LACO Investigations])

With courtesy copy to:

David J. Ruderman, City Attorney


Colantuono, Highsmith & Whatley, PC
420 Sierra College Drive, Suite 140
Grass Valley, California 95945-5091
Telephone: (530) 432-7357
Facsimile: (530) 432-7356

17. SURVIVING COVENANTS

The parties agree that the covenants contained in Section 10, Section 13, Paragraph 12.2
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
promptly 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 as provided in Section 5.2
above and as otherwise provided in this Agreement.

19. GENERAL PROVISIONSConsultant shall not delegate, transfer, subcontract or


assign its duties or rights hereunder, either in whole or in part, without Citys prior

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ATTACHMENT 2

Professional Services Agreement


(City of Lakeport / Gary Buchholz DBA LACO Investigations])

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.

19.2. 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.

19.3. The captions appearing at the commencement of the sections hereof, and in any
paragraph thereof, are 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 shall govern 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 and vice
versa, in any place or places herein in which the context requires such
substitution(s).

19.4. 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 any other term, covenant or
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 to be charged with the waiver.

19.5. 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.

19.6. 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 from 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 or all of such other rights, powers or remedies. If legal
action shall be necessary to enforce any term, covenant or condition contained in
this Agreement, the party prevailing in such action, whether or not reduced to
judgment, shall be entitled to its reasonable court costs, including any accountants
and attorneys fees expended in the 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.

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ATTACHMENT 2

Professional Services Agreement


(City of Lakeport / Gary Buchholz DBA LACO Investigations])

19.7. 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.

19.8. This Agreement shall be governed and construed in accordance with the laws of the
State of California.

19.9. All documents referenced as exhibits in this Agreement are hereby incorporated
into this Agreement. In the event of any material discrepancy between the
provisions of this Agreement and those 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 on behalf of the City and Consultant.

19.10. Consultant shall not discriminate against any employee or applicant for
employment because of race, sex (including pregnancy, childbirth, or related
medical condition), creed, national origin, color, disability as defined by law,
disabled veteran status, Vietnam veteran status, religion, age (40 and above),
medical condition (cancer-related), marital status, ancestry, or sexual orientation.
Consultant shall take affirmative action to ensure that applicants are employed, and
that employees are treated during employment without regard to race, sex
(including pregnancy, childbirth, or related medical condition), creed, national
origin, color, disability as defined by law, disabled veteran status, Vietnam veteran
status, religion, age (40 and above), medical condition (cancer-related), marital
status, ancestry, or sexual orientation. Such action shall include, but not be limited
to, the following: employment, upgrading, demotion, or transfer; recruitment or
recruitment advertising; layoff or termination; rates of pay or other forms of
compensation; or in terms, conditions or privileges of employment, and selection
for training, Consultant agrees to post in conspicuous places, available to
employees and applicants for employment, the provisions of this nondiscrimination
clause.

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ATTACHMENT 2

Professional Services Agreement


(City of Lakeport / Gary Buchholz DBA LACO Investigations])

TO EFFECTUATE THIS AGREEMENT, the parties have caused their duly authorized
representatives to execute this Agreement as of the last date indicated below:

City Consultant
Gary Buchholz DBA LACO Investigation

By___________________________ By:_______________________________
MARGARET SILVEIRA GARY BUCHHOLZ, OWNER

Date:______________________ Date:_________________________

Attest:

By

Date:_______________________

Approved as to form:

By__________________________________
David J. Ruderman, City Attorney

Date: _________________________

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EXHIBIT A 2
ATTACHMENT
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ATTACHMENT 3

Professional Services Agreement


(City of Lakeport / Cline Investigations, LLC)

PROFESSIONAL SERVICES AGREEMENT FOR CONSULTANT SERVICES


(City of Lakeport /Cline Investigations, LLC)

1. IDENTIFICATION

This PROFESSIONAL SERVICES AGREEMENT (Agreement) is entered into as of


the last date indicated below by and between the City of Lakeport, a California municipal
corporation (City), and Cline Investigations, LLC, a California Limited Liability Corporation
(Consultant) (collectively, parties).

RECITALS

2.1 City has determined that it requires the following professional services from a
consultant: Investigative 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:

2. DEFINITIONS

3.1 Scope of Services means such professional services as are set forth in
Consultants June 12, 2017 proposal to City attached hereto as Exhibit A and
fully incorporated herein by this reference.

3.2 Approved Fee Schedule means such compensation rates as are set forth in
Consultants June 12, 2017 proposal to City attached hereto as Exhibit A and
fully incorporated herein by this reference. This fee schedule shall remain in effect
for the duration of this Agreement unless modified in writing by mutual agreement
of the parties.

3.3 Commencement Date means October 1, 2017

3.4 Termination Date means September 30, 2022.

3.5 City Agreement Administrator means Kelly Buendia, Administrative Services


Director.

3.6 Consultant Project Administrator means Kevin Cline.

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Professional Services Agreement


(City of Lakeport / Cline Investigations, LLC)

3. TERM

The term of this Agreement shall commence at 12:00 a.m. on the Commencement Date
and shall terminate in accordance with Section 18 (Termination) below.

4. CONSULTANTS SERVICES

5.1 Time is of the essence in Consultants performance of services under this


Agreement.

5.2 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
changes mutually agreed upon by the parties, and any corresponding increase or
decrease in compensation, shall be incorporated by written amendment to this
Agreement. 4

5.3 Consultant shall perform all work to the highest standards of Consultants
profession and in a manner reasonably satisfactory to City. Consultant shall comply
with all applicable federal, state and local laws and regulations, including the
conflict of interest provisions of Government Code Section 1090 and the Political
Reform Act (Government Code Section 81000 et seq.).

5.4 Consultant represents that it has advised City in writing prior to the date of signing
this Agreement of any known relationships with third parties, City Council
Members, or employees of City which would (1) present a conflict of interest with
the rendering of services under this Agreement under Government Code
Section 1090, the Political Reform Act (Government Code Section 81000 et seq.),
or other applicable law, (2) prevent Consultant from performing the terms of this
Agreement, or (3) present a significant opportunity for the disclosure of
confidential information.

5.5 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.

5.6 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. Kevin
Cline shall be the Consultant Project Administrator and shall have direct
responsibility for management of Consultants performance under this Agreement.

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No other person shall serve as Consultant Project Administrator without Citys


prior written consent.

5.7 This Agreement covers professional services of a specific and unique nature.
Except as otherwise provided herein, Consultant shall not assign or transfer its
interest in this Agreement or subcontract any services to be performed without
amending this Agreement.

5.8 Consultant shall be responsible to City for all services to be performed under this
Agreement. All subconsultants shall be approved by the City Agreement
Administrator and their billing rates identified in the Approved Fee Schedule,
Exhibit B. City shall pay Consultant for work performed by its subconsultants
(including labor) only at Consultants actual cost plus an approved mark-up as set
forth in the Approved Fee Schedule, Exhibit B. Consultant shall be liable and
accountable for any and all payments, compensation, and federal and state taxes to
all subconsultants performing services under this Agreement. City shall not be
liable for any payment, compensation, or federal and state taxes for any
subconsultants.

5.9 Consultant shall notify the City Agreement Administrator, in writing, of any change
in name, ownership or control of Consultants firm or of any subconsultant. Change
of ownership or control of Consultants firm may require an amendment to the
Agreement.

5.10 This Agreement is subject to prevailing wage law, for all work performed under the
Agreement for which the payment of prevailing wages is required under the
California Labor Code. In particular, Consultant acknowledges that prevailing
wage determinations are available for the performance of inspection and survey
work.

5. COMPENSATION

6.1 City agrees to compensate Consultant for the services provided under this
Agreement, and Consultant agrees to accept payment in accordance with the
Approved Fee Schedule in full satisfaction for such services.

6.2 Consultant shall submit to City an invoice, on a monthly basis or less frequently,
for services performed pursuant to this Agreement. Each invoice shall identify the
services rendered during the billing period and the amount due for the invoice. All
labor charges shall be itemized by employee name and classification/position with
the firm, the corresponding hourly rate, the hours worked, a description of each
labor charge, and the total amount due for labor charges. City shall not withhold
applicable taxes or other payroll deductions from payments made to Consultant

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(City of Lakeport / Cline Investigations, LLC)

except as otherwise required by law. Consultant shall include a copy of each


subconsultant invoice for which reimbursement is sought in the invoice.

6.3 The parties agree to meet and confer at mutually agreeable times to resolve any
disputed amounts contained in an invoice submitted by Consultant.

6.4 Payments for any services requested by City and not included in the Scope of
Services may be made to Consultant by City on a time-and-materials basis pursuant
to the Approved Fee Schedule and without amendment of this Agreement, so long
as such payment does not cause the maximum amount payable above to be
exceeded.

6. 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 use or dissemination by City. Consultant may take and retain copies
of such written products as desired, but shall not seek to copyright such written products.

7. 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.

Under no circumstances shall Consultant look to the City as its 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 California Public Employees Retirement
System (CalPERS) retirement benefits, if any, 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, workers compensation, and other applicable
federal and state taxes.

8. AGREEMENT ADMINISTRATOR

In performing services under this Agreement, Consultant shall coordinate all contact with
City through its City Agreement Administrator. City reserves the right to change this designation
upon written notice to Consultant. All services under this Agreement shall be performed at the

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request of the City Agreement Administrator, who will establish the timetable for completion of
services and any interim milestones.

9. INDEMNIFICATION

10.1 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 parties intend the provisions of this indemnity provision 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.

10.2 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, losses, costs and 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 which 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 expenses of litigation. Consultant shall not be
entitled to any refund of attorneys fees, defense costs or expenses in the event that
it is adjudicated to have been non-negligent.

10.3 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
failure to pay City promptly any indemnification arising under this Section 10 of
this Agreement 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.

10.4 The obligations of Consultant under this Section 10 of this Agreement are not
limited by the provisions of any workers compensation or similar statute.
Consultant expressly waives its statutory immunity under such statutes as to City,
its officers, agents, employees and volunteers.

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Professional Services Agreement


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10.5 Consultant agrees to obtain executed indemnity agreements with provisions


identical to those set forth here in Section 10 of this Agreement 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, Consultant agrees to indemnify, hold harmless
and defend City, its officers, agents, employees and volunteers from and against
any and all claims, losses, costs and 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.

10.6 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 whether or not any insurance policies apply
to a claim, demand, damage, liability, loss, cost or expense.

10.7 In the event that Consultant or any employee, agent, or subcontractor of Consultant
providing services under this Agreement claims or is determined by a court of
competent jurisdiction or CalPERS to be eligible for enrollment in CalPERS as an
employee of the City, Consultant shall indemnify, defend, and hold harmless City
for the payment of any employee and/or employer contributions for CalPERS
benefits on behalf of Consultant or its employees, agents, or subcontractors, as well
as for the payment of any penalties and interest on such contributions, which would
otherwise be the responsibility of City.

10.8 Notwithstanding any federal, state, or local policy, rule, regulation, law or
ordinance to the contrary, Consultant and any of its employees, agents, and
subcontractors providing service under this Agreement shall not qualify for or
become entitled to, and hereby agree to waive any claims to, any compensation,
benefit, or any incident of employment by City, including but not limited to
eligibility to enroll in CalPERS as an employee of City and entitlement to any
contribution to be paid by City for employer contribution and/or employee
contributions for CalPERS benefits.

10. INSURANCE

11.1 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.

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(City of Lakeport / Cline Investigations, LLC)

11.2 Any available insurance proceeds broader than or in excess of the specified
minimum Insurance coverage requirements or limits shall be available to City as
an Additional Insured as provided below. 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.

11.3 Insurance required under this Agreement shall be of the types set forth below, with
minimum coverage as described:

11.3.1 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.

11.3.2 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.

11.3.3 Workers Compensation insurance if and as required by the laws of the State
of California.

11.3.4 Professional Errors and Omissions Insurance with coverage limits of not
less than One Million Dollars ($1,000,000).

11.4 Consultant shall require each of its subconsultants to maintain insurance coverage
that meets all of the requirements of this Agreement provided however, that the
City Agreement Administrator may waive the provision of Errors and Omissions
Insurance by subconsultants in his or her sole discretion.

11.5 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.

11.6 Consultant agrees that if it does not keep the insurance coverages required by this
Agreement in full force and effect, City may either (i) immediately terminate this
Agreement; or (ii) take out the necessary insurance and pay the premium(s) thereon
at Consultants expense.

11.7 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

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required coverages are in effect and naming City and its officers, employees, agents
and volunteers as Additional Insureds. Prior to commencement of work under this
Agreement, Consultant shall file with Citys Risk Manager such certificate(s) and
Forms CG 20 10 07 04 and CG 20 37 07 04 or the substantial equivalent showing
City as an Additional Insured.

11.8 Consultant shall provide proof that policies of insurance required by this Agreement
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.

11.9 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
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.

11.10 The insurance provided by Consultant shall be primary to any other 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.

11.11 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.

11.12 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.

11.13 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 10 of this Agreement.

11.14 Consultant may be self-insured under the terms of this Agreement only with express
written approval from the City.

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11.14.1 All self-insured retentions (SIR) must be disclosed to the City for approval
and shall not reduce the limits of liability.

11.14.2 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.

11.15 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.

11. MUTUAL COOPERATION

12.1 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.

12.2 If any claim, action, or proceeding 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, action, or
proceeding.

12. 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

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legally required. Upon request, all City data shall be returned to City upon the termination or
expiration of this Agreement.

13. RECORDS AND INSPECTIONS

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. City shall further
have the right to make transcripts therefrom and to inspect all program data, documents,
proceedings, and activities.

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.

14. 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.

15. 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:

KELLY BUENDIA Kevin Cline


Cline Investigations
Administrative Services Director P.O. Box 411
225 Park Street Talmage, CA 95481
Lakeport, CA 95453 Telephone: (707) 391-4982
Telephone: (707) 263-5615 Facsimile:
Facsimile: (707) 263-8584

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ATTACHMENT 3

Professional Services Agreement


(City of Lakeport / Cline Investigations, LLC)

With courtesy copy to:

David J. Ruderman, City Attorney


Colantuono, Highsmith & Whatley, PC
420 Sierra College Drive, Suite 140
Grass Valley, California 95945-5091
Telephone: (530) 432-7357
Facsimile: (530) 432-7356

16. SURVIVING COVENANTS

The parties agree that the covenants contained in Section 10, Section 13, Paragraph 12.2
and Section 14 of this Agreement shall survive the expiration or termination of this Agreement.

17. 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
promptly 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 as provided in Section 5.2
above and as otherwise provided in this Agreement.

18. GENERAL PROVISIONSConsultant shall not delegate, transfer, subcontract or


assign its duties or rights hereunder, either in whole or in part, without Citys prior

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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.

19.2. 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.

19.3. The captions appearing at the commencement of the sections hereof, and in any
paragraph thereof, are 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 shall govern 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 and vice
versa, in any place or places herein in which the context requires such
substitution(s).

19.4. 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 any other term, covenant or
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 to be charged with the waiver.

19.5. 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.

19.6. 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 from 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 or all of such other rights, powers or remedies. If legal
action shall be necessary to enforce any term, covenant or condition contained in
this Agreement, the party prevailing in such action, whether or not reduced to
judgment, shall be entitled to its reasonable court costs, including any accountants
and attorneys fees expended in the 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.

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19.7. 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.

19.8. This Agreement shall be governed and construed in accordance with the laws of the
State of California.

19.9. All documents referenced as exhibits in this Agreement are hereby incorporated
into this Agreement. In the event of any material discrepancy between the
provisions of this Agreement and those 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 on behalf of the City and Consultant.

19.10. Consultant shall not discriminate against any employee or applicant for
employment because of race, sex (including pregnancy, childbirth, or related
medical condition), creed, national origin, color, disability as defined by law,
disabled veteran status, Vietnam veteran status, religion, age (40 and above),
medical condition (cancer-related), marital status, ancestry, or sexual orientation.
Consultant shall take affirmative action to ensure that applicants are employed, and
that employees are treated during employment without regard to race, sex
(including pregnancy, childbirth, or related medical condition), creed, national
origin, color, disability as defined by law, disabled veteran status, Vietnam veteran
status, religion, age (40 and above), medical condition (cancer-related), marital
status, ancestry, or sexual orientation. Such action shall include, but not be limited
to, the following: employment, upgrading, demotion, or transfer; recruitment or
recruitment advertising; layoff or termination; rates of pay or other forms of
compensation; or in terms, conditions or privileges of employment, and selection
for training, Consultant agrees to post in conspicuous places, available to
employees and applicants for employment, the provisions of this nondiscrimination
clause.

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TO EFFECTUATE THIS AGREEMENT, the parties have caused their duly authorized
representatives to execute this Agreement as of the last date indicated below:

City Consultant
CLINE INVESTIGATIONS, LLC

By___________________________ By:_______________________________
MARGARET SILVEIRA KEVIN CLINE, PRESIDENT

Date:______________________ Date:_________________________

Attest:

By

Date:_______________________

Approved as to form:

By__________________________________
David J. Ruderman, City Attorney

Date: _________________________

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EXHIBIT A
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Professional Services Agreement


(City of Lakeport / Bob Nishiyama Investigations)

PROFESSIONAL SERVICES AGREEMENT FOR CONSULTANT SERVICES


1. (City of Lakeport /Bob Nishiyama Investigations)

2. IDENTIFICATION

3. This PROFESSIONAL SERVICES AGREEMENT (Agreement) is entered into as


of the last date indicated below by and between the City of Lakeport, a California
municipal corporation (City), and Bob Nishiyama Investigations, an individual
(Consultant) (collectively, parties).

RECITALS

2.1 City has determined that it requires the following professional services from a
consultant: Investigative 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:

4. DEFINITIONS

3.1 Scope of Services means such professional services as are set forth in
Consultants June 12, 2017 proposal to City attached hereto as Exhibit A and
fully incorporated herein by this reference.

3.2 Approved Fee Schedule means such compensation rates as are set forth in
Consultants June 12, 2017 proposal to City attached hereto as Exhibit A and
fully incorporated herein by this reference. This fee schedule shall remain in effect
for the duration of this Agreement unless modified in writing by mutual agreement
of the parties.

3.3 Commencement Date means October 1, 2017

3.4 Termination Date means September 30, 2022.

3.5 City Agreement Administrator means Kelly Buendia, Administrative Services


Director.

3.6 Consultant Project Administrator means Bob Nishiyama.

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5. TERM

The term of this Agreement shall commence at 12:00 a.m. on the Commencement Date
and shall terminate in accordance with Section 18 (Termination) below.

6. CONSULTANTS SERVICES

5.1 Time is of the essence in Consultants performance of services under this


Agreement.

5.2 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
changes mutually agreed upon by the parties, and any corresponding increase or
decrease in compensation, shall be incorporated by written amendment to this
Agreement.

5.3 Consultant shall perform all work to the highest standards of Consultants
profession and in a manner reasonably satisfactory to City. Consultant shall comply
with all applicable federal, state and local laws and regulations, including the
conflict of interest provisions of Government Code Section 1090 and the Political
Reform Act (Government Code Section 81000 et seq.).

5.4 Consultant represents that it has advised City in writing prior to the date of signing
this Agreement of any known relationships with third parties, City Council
Members, or employees of City which would (1) present a conflict of interest with
the rendering of services under this Agreement under Government Code
Section 1090, the Political Reform Act (Government Code Section 81000 et seq.),
or other applicable law, (2) prevent Consultant from performing the terms of this
Agreement, or (3) present a significant opportunity for the disclosure of
confidential information.

5.5 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.

5.6 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. Bob
Nishiyama shall be the Consultant Project Administrator and shall have direct
responsibility for management of Consultants performance under this Agreement.

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No other person shall serve as Consultant Project Administrator without Citys


prior written consent.

5.7 This Agreement covers professional services of a specific and unique nature.
Except as otherwise provided herein, Consultant shall not assign or transfer its
interest in this Agreement or subcontract any services to be performed without
amending this Agreement.

5.8 Consultant shall be responsible to City for all services to be performed under this
Agreement. All subconsultants shall be approved by the City Agreement
Administrator and their billing rates identified in the Approved Fee Schedule,
Exhibit B. City shall pay Consultant for work performed by its subconsultants
(including labor) only at Consultants actual cost plus an approved mark-up as set
forth in the Approved Fee Schedule, Exhibit B. Consultant shall be liable and
accountable for any and all payments, compensation, and federal and state taxes to
all subconsultants performing services under this Agreement. City shall not be
liable for any payment, compensation, or federal and state taxes for any
subconsultants.

5.9 Consultant shall notify the City Agreement Administrator, in writing, of any change
in name, ownership or control of Consultants firm or of any subconsultant. Change
of ownership or control of Consultants firm may require an amendment to the
Agreement.

5.10 This Agreement is subject to prevailing wage law, for all work performed under the
Agreement for which the payment of prevailing wages is required under the
California Labor Code. In particular, Consultant acknowledges that prevailing
wage determinations are available for the performance of inspection and survey
work.

7. COMPENSATION

6.1 City agrees to compensate Consultant for the services provided under this
Agreement, and Consultant agrees to accept payment in accordance with the
Approved Fee Schedule in full satisfaction for such services.

6.2 Consultant shall submit to City an invoice, on a monthly basis or less frequently,
for services performed pursuant to this Agreement. Each invoice shall identify the
services rendered during the billing period and the amount due for the invoice. All
labor charges shall be itemized by employee name and classification/position with
the firm, the corresponding hourly rate, the hours worked, a description of each
labor charge, and the total amount due for labor charges. City shall not withhold
applicable taxes or other payroll deductions from payments made to Consultant

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except as otherwise required by law. Consultant shall include a copy of each


subconsultant invoice for which reimbursement is sought in the invoice.

6.3 The parties agree to meet and confer at mutually agreeable times to resolve any
disputed amounts contained in an invoice submitted by Consultant.

6.4 Payments for any services requested by City and not included in the Scope of
Services may be made to Consultant by City on a time-and-materials basis pursuant
to the Approved Fee Schedule and without amendment of this Agreement, so long
as such payment does not cause the maximum amount payable above to be
exceeded.

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 use or dissemination by City. Consultant may take and retain copies
of such written products as desired, but shall not seek to copyright such written products.

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.

Under no circumstances shall Consultant look to the City as its 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 California Public Employees Retirement
System (CalPERS) retirement benefits, if any, 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, workers compensation, and other applicable
federal and state taxes.

10. AGREEMENT ADMINISTRATOR

In performing services under this Agreement, Consultant shall coordinate all contact with
City through its City Agreement Administrator. City reserves the right to change this designation
upon written notice to Consultant. All services under this Agreement shall be performed at the

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request of the City Agreement Administrator, who will establish the timetable for completion of
services and any interim milestones.

11. INDEMNIFICATION

10.1 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 parties intend the provisions of this indemnity provision 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.

10.2 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, losses, costs and 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 which 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 expenses of litigation. Consultant shall not be
entitled to any refund of attorneys fees, defense costs or expenses in the event that
it is adjudicated to have been non-negligent.

10.3 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
failure to pay City promptly any indemnification arising under this Section 10 of
this Agreement 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.

10.4 The obligations of Consultant under this Section 10 of this Agreement are not
limited by the provisions of any workers compensation or similar statute.
Consultant expressly waives its statutory immunity under such statutes as to City,
its officers, agents, employees and volunteers.

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10.5 Consultant agrees to obtain executed indemnity agreements with provisions


identical to those set forth here in Section 10 of this Agreement 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, Consultant agrees to indemnify, hold harmless
and defend City, its officers, agents, employees and volunteers from and against
any and all claims, losses, costs and 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.

10.6 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 whether or not any insurance policies apply
to a claim, demand, damage, liability, loss, cost or expense.

10.7 In the event that Consultant or any employee, agent, or subcontractor of Consultant
providing services under this Agreement claims or is determined by a court of
competent jurisdiction or CalPERS to be eligible for enrollment in CalPERS as an
employee of the City, Consultant shall indemnify, defend, and hold harmless City
for the payment of any employee and/or employer contributions for CalPERS
benefits on behalf of Consultant or its employees, agents, or subcontractors, as well
as for the payment of any penalties and interest on such contributions, which would
otherwise be the responsibility of City.

10.8 Notwithstanding any federal, state, or local policy, rule, regulation, law or
ordinance to the contrary, Consultant and any of its employees, agents, and
subcontractors providing service under this Agreement shall not qualify for or
become entitled to, and hereby agree to waive any claims to, any compensation,
benefit, or any incident of employment by City, including but not limited to
eligibility to enroll in CalPERS as an employee of City and entitlement to any
contribution to be paid by City for employer contribution and/or employee
contributions for CalPERS benefits.

12. INSURANCE

11.1 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.

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11.2 Any available insurance proceeds broader than or in excess of the specified
minimum Insurance coverage requirements or limits shall be available to City as
an Additional Insured as provided below. 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.

11.3 Insurance required under this Agreement shall be of the types set forth below, with
minimum coverage as described:

11.3.1 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.

11.3.2 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.

11.3.3 Workers Compensation insurance if and as required by the laws of the State
of California.

11.3.4 Professional Errors and Omissions Insurance with coverage limits of not
less than One Million Dollars ($1,000,000).

11.4 Consultant shall require each of its subconsultants to maintain insurance coverage
that meets all of the requirements of this Agreement provided however, that the
City Agreement Administrator may waive the provision of Errors and Omissions
Insurance by subconsultants in his or her sole discretion.

11.5 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.

11.6 Consultant agrees that if it does not keep the insurance coverages required by this
Agreement in full force and effect, City may either (i) immediately terminate this
Agreement; or (ii) take out the necessary insurance and pay the premium(s) thereon
at Consultants expense.

11.7 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

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required coverages are in effect and naming City and its officers, employees, agents
and volunteers as Additional Insureds. Prior to commencement of work under this
Agreement, Consultant shall file with Citys Risk Manager such certificate(s) and
Forms CG 20 10 07 04 and CG 20 37 07 04 or the substantial equivalent showing
City as an Additional Insured.

11.8 Consultant shall provide proof that policies of insurance required by this Agreement
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.

11.9 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
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.

11.10 The insurance provided by Consultant shall be primary to any other 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.

11.11 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.

11.12 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.

11.13 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 10 of this Agreement.

11.14 Consultant may be self-insured under the terms of this Agreement only with express
written approval from the City.

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11.14.1 All self-insured retentions (SIR) must be disclosed to the City for approval
and shall not reduce the limits of liability.

11.14.2 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.

11.15 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.

13. MUTUAL COOPERATION

12.1 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.

12.2 If any claim, action, or proceeding 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, action, or
proceeding.

14. 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

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legally required. Upon request, all City data shall be returned to City upon the termination or
expiration of this Agreement.

15. RECORDS AND INSPECTIONS

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. City shall further
have the right to make transcripts therefrom and to inspect all program data, documents,
proceedings, and activities.

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.

16. 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.

17. 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:

KELLY BUENDIA Bob Nishiyama Investigations


P.O. Box 1197
Administrative Services Director Ukiah, CA 95482
225 Park Street Telephone: (707)
Lakeport, CA 95453 Facsimile: (707) 263-3222
Telephone: (707) 263-5615
Facsimile: (707) 263-8584

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With courtesy copy to:

David J. Ruderman, City Attorney


Colantuono, Highsmith & Whatley, PC
420 Sierra College Drive, Suite 140
Grass Valley, California 95945-5091
Telephone: (530) 432-7357
Facsimile: (530) 432-7356

18. SURVIVING COVENANTS

The parties agree that the covenants contained in Section 10, Section 13, Paragraph 12.2
and Section 14 of this Agreement shall survive the expiration or termination of this Agreement.

19. 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
promptly 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 as provided in Section 5.2
above and as otherwise provided in this Agreement.

20. GENERAL PROVISIONSConsultant shall not delegate, transfer, subcontract or


assign its duties or rights hereunder, either in whole or in part, without Citys prior

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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.

19.2. 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.

19.3. The captions appearing at the commencement of the sections hereof, and in any
paragraph thereof, are 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 shall govern 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 and vice
versa, in any place or places herein in which the context requires such
substitution(s).

19.4. 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 any other term, covenant or
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 to be charged with the waiver.

19.5. 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.

19.6. 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 from 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 or all of such other rights, powers or remedies. If legal
action shall be necessary to enforce any term, covenant or condition contained in
this Agreement, the party prevailing in such action, whether or not reduced to
judgment, shall be entitled to its reasonable court costs, including any accountants
and attorneys fees expended in the 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.

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19.7. 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.

19.8. This Agreement shall be governed and construed in accordance with the laws of the
State of California.

19.9. All documents referenced as exhibits in this Agreement are hereby incorporated
into this Agreement. In the event of any material discrepancy between the
provisions of this Agreement and those 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 on behalf of the City and Consultant.

19.10. Consultant shall not discriminate against any employee or applicant for
employment because of race, sex (including pregnancy, childbirth, or related
medical condition), creed, national origin, color, disability as defined by law,
disabled veteran status, Vietnam veteran status, religion, age (40 and above),
medical condition (cancer-related), marital status, ancestry, or sexual orientation.
Consultant shall take affirmative action to ensure that applicants are employed, and
that employees are treated during employment without regard to race, sex
(including pregnancy, childbirth, or related medical condition), creed, national
origin, color, disability as defined by law, disabled veteran status, Vietnam veteran
status, religion, age (40 and above), medical condition (cancer-related), marital
status, ancestry, or sexual orientation. Such action shall include, but not be limited
to, the following: employment, upgrading, demotion, or transfer; recruitment or
recruitment advertising; layoff or termination; rates of pay or other forms of
compensation; or in terms, conditions or privileges of employment, and selection
for training, Consultant agrees to post in conspicuous places, available to
employees and applicants for employment, the provisions of this nondiscrimination
clause.

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TO EFFECTUATE THIS AGREEMENT, the parties have caused their duly authorized
representatives to execute this Agreement as of the last date indicated below:

City Consultant
Bob Nishiyama Investigations

By___________________________ By:_______________________________
MARGARET SILVEIRA ROBERT NISHIYAMA, OWNER

Date:______________________ Date:_________________________

Attest:

By

Date:_______________________

Approved as to form:

By__________________________________
David J. Ruderman, City Attorney

Date: _________________________

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