Agenda packet — Lakeport City Council, May 7, 2024

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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 SUCCESSOR

AGENCY TO THE FORMER LAKEPORT REDEVELOPMENT AGENCY)
Tuesday, May 7, 2024 6:00 p.m.

City Council Chambers, 225 Park Street, Lakeport, California 95453 See Teleconferencing Instructions Below
City Council Agenda of May 7, 2024 Page 2
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 SUCCESSOR AGENCY TO THE FORMER LAKEPORT REDEVELOPMENT AGENCY)*
Tuesday, May 7, 2024, 6:00 p.m.

City Council Chambers, 225 Park Street, Lakeport, California 95453 *All references to “City Council” include those other agencies which are listed above The City Council may discuss and/or take action on any or all of the items listed on the agenda irrespective of how the agenda items are described. The council may establish and make appointments to a Council committee (made up of two Councilmembers) with respect to any item appearing on this agenda.

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

II. PLEDGE OF ALLEGIANCE:

III. ACCEPTANCE OF AGENDA/ URGENCY
ITEMS:

Move to accept agenda as posted or move to add or delete items.

To add item, Council is required to make a majority decision that an urgency exists (as defined in the Brown Act) and a 2/3rds determination that the need to take action arose subsequent to the agenda being posted.

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 the special meeting of April 16, 2024 and the regular meeting of April 16, 2024.

C. Application 2024-018: Approve application 2024-018, with staff recommendations, for the Tuesday Farmers’ Markets in the Park.

D. Application 2024-019: Approve application 2024-019, with staff recommendations, for the 2024 Summer Concerts in the Park series.

E. Community Development
Quarterly Report:

Receive and file the Community Development quarterly report of activities.

F. Quarterly Financial Report: Review and file the 2nd Quarter Financial Update.

G. Out of State Travel: Authorize Out-of-State Training for five (5) staff members to attend the 2024 Neighborworks Training Institute in Pittsburgh, PA. from August 26 to August 30, 2024.

V. PUBLIC PRESENTATIONS/REQUESTS:

A. Public 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 tonight’s agenda. 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. Employee Introductions: Introduce new City employee Lyara Perkins.

C. Proclamation: Present a proclamation designating the week of May 1-7, 2024 as Elks Youth Week.

D. Proclamation: Present a proclamation designating the week of May 4-11, 2024 as National Osteogenesis Imperfecta Week.

E. Proclamation: Present a proclamation designating the week of May 10-16, 2024 as National Police Week.

City Council Agenda of May 7, 2024 Page 3
VI. PUBLIC HEARINGS:

VII. COUNCIL BUSINESS:

A. City Manager

1. Contract Renewal Approve proposed comprehensive retail recruitment and development plan with The Retail Coach and authorize the City Manager to execute a professional services agreement on the City’s standard template with revisions subject to legal approval in the amount not to exceed $81,000.

B. Police Chief

1. School Resource Officer: Approve the Memorandum of Understanding between the Lakeport Unified School District and the City of Lakeport Police Department for the services of a School Resource Officer for Fiscal Years 2024/2025 & 2025/2026 and direct the City Manager to sign.

C. Public Works Director

1. Lakeport Fire Protection
District Agreement:

Authorize the City Manager to enter into a Reimbursement Agreement with the Lakeport Fire Protection District for the parking lot rehabilitation project in a form substantially similar to the agreement included in the agenda packet.

2. Right of Way Agreement: Adopt the attached resolution to accept the donation of the fee and Public Utility Easement property and authorize the City Manager to negotiate and execute the Donation Agreement with Jennifer Willkomm and to take all necessary and appropriate actions to implement the resolution.

VIII. CITY COUNCIL COMMUNICATIONS:

A. Travel, Calendar, and
Miscellaneous Reports, if any:

IX. ADJOURNMENT:

Materials related to an item on this Agenda submitted to the Council after distribution of the agenda packet are available for public inspection in the City Clerk’s Office at 225 Park Street, Lakeport, California, during normal business hours. Such documents are also available on the City of Lakeport’s website, www.cityoflakeport.com, subject to staff’s ability to post the documents before the meeting.

The City of Lakeport, in complying with the Americans with Disabilities Act (ADA), requests individuals who require special accommodations to access, attend and/or participate in the City meeting due to disability, to please contact the City Clerk’s Office, (707) 263-5615, 72 hours prior to the scheduled meeting to ensure reasonable accommodations are provided.
_______________________________________
Hilary Britton, Deputy City Clerk
City Council Minutes of April 16, 2024 Page 2

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 SUCCESSOR AGENCY TO THE FORMER LAKEPORT REDEVELOPMENT AGENCY)*
Tuesday, April 16, 2024, 6:00 p.m.

I. CALL TO ORDER & ROLL CALL: Mayor Froio called the meeting to order at 6:01 p.m., with Mayor Froio, Council Members Costa, Disney, Mattina, and Parlet present.

II. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Ron Ladd.

III. ACCEPTANCE OF AGENDA/ URGENCY
ITEMS:

A motion was made by Council Member Mattina, seconded by Council Member Disney, and unanimously carried by voice vote 5-0-0-0 to accept agenda as posted.

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 the special meeting of March 28, 2024 and the regular meeting of April 2, 2024.

C. Application 2024-016: Approve application 2024-016, with staff recommendations, for the Missing and Murdered Indigenous People Day walk.

D. Records Retention Schedule: Adopt the proposed resolution adopting a records retention schedule, and authorizing destruction of certain City records and rescinding Resolution No. 2908 (2023).

E. Notice of Completion: Adopt the resolution accepting construction of the Lakefront Park Project by Builder Solutions, Inc. and authorize the filing of the Notice of Completion.

Vote on Consent Agenda: A motion was made by Council Member Costa, seconded by Council Member Parlet, and unanimously carried by voice vote 5-0-0-0 to approve the Consent Agenda, items A-E.

V. PUBLIC PRESENTATIONS/REQUESTS:

A. Public Input: There was no input offered by the public.

B. Employee Introductions: Chief Rasmussen introduced new City employee, Melissa Carpenter who is working as Records and Evidence Clerk.

C. Proclamation: Mayor Froio presented a proclamation designating April 2024 as Child Abuse Prevention Month to Jamie White and representatives from the Lake County Office of Education and child abuse prevention partners.

City Council Minutes of April 16, 2024 Page 3
Lisa Millar from Lake County Office of Child Welfare expressed her appreciation for the efforts of community partners and keeping our children safe and preventing child abuse and thanked the Council for recognizing the importance of prevention efforts.

D. Proclamation: Mayor Froio presented a proclamation designating April 2024 as Sexual Assault Awareness Month to representatives from Lake Family Resource Center (LFRC).

Lauren Brown from LFRC thanked the Council for the proclamation as well as the Lakeport Police Department for being wonderful partners with LFRC and their efforts.

VI. PUBLIC HEARINGS:

A. Fire Mitigation Fee: The staff report was presented by City Manager Ingram.

LFPD Chief Reitz provided feedback and answered questions of the City Council.

Mayor Froio opened the public hearing at 6:41p.m. Simone Tapman asked about ownership of the old Kmart building.

With no further public comment, Mayor Froio brought the item back to the Council.

A motion was made by Council Member Costa, seconded by Council Member Parlet, and unanimously carried by voice vote 5-0-0-0 to introduce the proposed ordinance revising Lakeport Municipal Code Chapter 3.34, Fire Mitigation Fees and direct City staff to schedule a public hearing for the second reading of the ordinance for May 21, 2024.

A motion was made by Council Member Costa, seconded by Council Member Mattina, and unanimously carried by voice vote 5-0-0-0 to continue the public hearing accepting the fire mitigation fee nexus report and resolution setting revised fire mitigation fees for the Lakeport Fire Protection District to the regular City Council meeting of May 21, 2024.

VII. COUNCIL BUSINESS:

A. Community Development Director

1. Fair Housing The staff report was presented by Community Development Director Hejnowicz.

Danny Wind spoke in support of the resolution.

A motion was made by Council Member Mattina, seconded by Council Member Disney, and unanimously carried by voice vote 5-0-0-0 to adopt a resolution Affirmatively Furthering Fair Housing (AFFH) in Lakeport.

B. Public Works Director

1. Contract Award: The staff report was presented by Public Works Director Ladd.

Danny Wind pointed out the need for safe pedestrian and bike access during the construction and was in favor of the project.

A motion was made by Council Member Disney, seconded by Council Member Mattina, and unanimously carried by voice vote 5-0-0-0 to approve the plans, specifications and working details and award a construction contract to T&T Paving, Inc. dba Valley Paving for the South Main Street Sidewalk Project and authorize the City Council Minutes of April 16, 2024 Page 4
City Manager to execute the construction contract for the bid amount of $334,279.15.

VIII. CITY COUNCIL COMMUNICATIONS:

A. Travel, Calendar, and
Miscellaneous Reports, if any:

City Attorney Ruderman attended the CalCities Legal Advocacy committee meeting last week. The committee recommended filing an amicus brief in the Koi Nation lawsuit against the City of Clearlake.

City Manager Ingram advised that the Pathway to Stability event will take place on May 1, 2024. He also reported that staff will be researching various Prop 47 and retail theft related legislation that is going through the legislature now, and letters of support and opposition will be brought back to the Council at a later date.

Police Chief Rasmussen thanked Council Member Costa for the training workshop at the LPD that was presented by the Department of Child Welfare.

Public Works Director Ladd had no report.

Community Development Director Hejnowicz had no report.

Administrative Services Director Buendia reported that the City is now almost fully staffed with only one opening outstanding.

Assistant City Manager Walker had no report.

Utilities Director Harris had no report.

Council Member Parlet commented on the state of the Upper Lake park.

Council Member Costa thanked Chief Rasmussen for the opportunity to conduct a Child Welfare workshop for the LPD.

Council Member Disney attended the Clean Water Program meeting last week. They will be looking at a “adopt a drain” program. He also attended the LMSA mixer and the Recreation Agency meeting as well.

Council Member Mattina had no report.

Mayor Froio had no report.

IX. ADJOURNMENT: Mayor Froio adjourned the meeting at 7:29 p.m. _______________________________________
Michael Froio, Mayor
Attest:
________________________________
Kelly Buendia, City Clerk

1. Call to Order & Roll
Call:

Mayor Froio called the meeting to order at 7:33 p.m., with Mayor Froio, Council Members Costa, Disney, Mattina, and Councilmember Parlet present.

2. Closed Session: Mayor Froio adjourned to Closed Session at 7:34 p.m. to discuss:

Conference with Legal Counsel; Initiation of Litigation (Gov. Code § 54956.9(d)(4))
Number of Potential Cases: One (1)

3. Report Out of
Closed Session:

There was no reportable action out of closed session.

Adjournment: Mayor Froio adjourned the special meeting at 8:06 p.m. ____________________________________
Michael Froio, Mayor
Attest:
_____________________________________
Kelly Buendia, City Clerk

MINUTES

SPECIAL MEETING

OF THE LAKEPORT CITY COUNCIL
Tuesday, April 16, 2024 After the regular meeting at 6:00 p.m.

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

CITY OF LAKEPORT
225 Park Street Please Note: Phone: (707) 263-5615, Ext. 102 Lakeport, CA 95453 Bounce Houses and Waterslides are prohibited Fax: (707) 263-8584

APPLICATION FOR USE OF PUBLIC AREAS
Please note: City Council meetings are held the FIRST and THIRD TUESDAY of the month. Application forms require City Council approval and must be completed and submitted to the City Clerk at least one month prior to the Council meeting at which they will be considered.

This section to be completed by City:

Application Received (Date): Application No.
$15.00 Application Fee Paid For Council Meeting of (Date):

This section to be completed by Applicant (please answer all questions with as much detail as possible):

Applicant Name: Organization Name:

Address: Address:

Home Phone: Work Phone: Mobile Phone:

Email Address: Website/Facebook Page:

Other Contact: Phone for Other Contact:

Organization is: Nonprofit Organization For Profit Organization Name of Event:

Description of Event:

Public Area of Use: ☐ Main Street ☐ Library Park ☐ Silveira Community Center Parking Lot ☐ Xabatin Community Park Specific Location of Event (Map Must be Attached):

Does this use involve public right of way, streets, or sidewalk? Yes No If yes, please indicate specific location:

If requesting closure of streets, sidewalk, etc., please describe notification procedure for affected businesses and/or residences:

Date(s) of Event: Total Number of Days: Set Up Time:

Time of Event:

Tear Down Time:

Specify anticipated number of people (both participants and the public):

Will any vendors be present? Yes No Will any food booths be present? Yes No Requirements:

Electricity (cannot be guaranteed by City)
Barricades
Street/Sidewalk Closures
No irrigation in park prior to event
Other (please specify):

Coordination of these requirements must be made through the Public Works Department: (707) 263-0751
Specific City Staff Needs:

Police
Public Works
Parks
Other (please specify):

The City reserves the right to bill applicant for related City costs.

INSURANCE CERTIFICATE REQUIRED
Note: The insurance certificate provided to the City by your organization’s insurance company must name the City of Lakeport as an additional insured for the event specified in this application and must include a copy of any endorsements, including Waiver of Subrogation.

The insurance provided to the City as an additional insured shall be primary to, and non-contributory with any insurance or self-insurance program maintained by the City. The minimum coverage amount required is $2,000,000. The certificate and endorsements must also be in a form acceptable to risk management and available for review 15 working days prior to the scheduled event.

USE OF ALCOHOL: Is a permit for alcoholic beverages requested? Yes No If you have checked yes, you must obtain a signed permit from the Lakeport Police Department and attach it to this application. This will allow for consumption of alcoholic beverages in connection with the event but will NOT allow for the SALE of alcoholic beverages. If alcoholic beverages are going to be sold or included with the price of any ticket or admission to the event, then the applicant is required to obtain a one-day license from the California Department of Alcoholic Beverage Control. This one-day permit would be required in addition to a permit by the Lakeport Police Department.

HOLD HARMLESS AGREEMENT
In consideration of allowing the event(s) specified in this application, and to the fullest extent permitted by law, I/we agree to indemnify and hold harmless the City of Lakeport and its agents and “employees” from and against any injury, damage, claims, actions or suits arising out of the herein described Event, including those caused by negligence of the parties being indemnified and/or any dangerous condition of property of the parties being indemnified, and further agrees to defend and indemnify the City of Lakeport from and against any injury, damage, claims, actions or suits arising out of or connected with the foregoing event(s).

COVID-19 WAIVER
I, the undersigned, acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that myself and others attending my event may be exposed to or infected by COVID-19. I agree to having all attendees follow CDC and Lake County Department of Public Health recommendations for enhanced health and safety measures related to COVID-19 and follow all posted instructions while using City facilities; including requirements for social distancing, wearing of face coverings, participant grouping, types of activities allowed, and potential limits on event size.
________________________________________________ Dated:

Signature of Applicant
Responsible Official of Applicant Organization

STAFF RESPONSE
This section to be completed by City and Other Affected Agencies:

Staff Name: Department:

No Fiscal Impact Fiscal Impact
(Describe/Include Estimated Costs)
Police
Public Works
Parks
Other (please specify):

The following will be Required:

Business License Health Department Permit
ABC License Other (Specify):

Staff Comments:

This section to be completed by City Clerk following Council meeting:

Considered at Council Meeting (Date): Application Approved Application Denied
Application Approved With Conditions (See Below)
Conditions of Approval:

Attachments (specify):

FW: Application 2024-018 - Tuesday Farmers' Market at Library Park Lake County Sheriff - Records <[email protected]> Tue 4/16/2024 1:08 PM
To:Hilary Britton <[email protected]>
Please see Sheriffs Office response below
From: Richard Ward <[email protected]>
Sent: Tuesday, April 16, 2024 11:54 AM
To: Lake County Sheriff - Records <[email protected]> Subject: RE: Application 2024-018 - Tuesday Farmers' Market at Library Park No concerns from the Sheriff’s Office,
Lieutenant Rich Ward
Lake County Sheriff’s Office
1220 Martin St.

P.O. Box 489
Lakeport, Ca. 95453
(707) 262-4081 Desk
(707) 262-4220 Fax
(707) 262-4200 Administration
[email protected]
www.lakesheriff.com
CONFIDENTIALITY NOTICE: This communication with its contents may contain confidential and/or legally privileged information. It is solely for the use of the intended recipient(s). Unauthorized interception, review, use or disclosure is prohibited and may violate applicable laws including the Electronic Communications Privacy Act. If you are not the intended recipient, please contact the sender and destroy all copies of the communication.

From: Lake County Sheriff - Records <[email protected]> Sent: Tuesday, April 16, 2024 11:38 AM
To: Richard Ward <[email protected]>
Subject: FW: Application 2024-018 - Tuesday Farmers' Market at Library Park Please see below
From: Hilary Britton <[email protected]>
Sent: Tuesday, April 16, 2024 11:07 AM
To: Dean Eichelmann <[email protected]>; Johnnie Lindsey <[email protected]>; Lisa DaveyBates <[email protected]>; Lori Price <[email protected]>; Pheakdey Preciado <[email protected]>; Ron Ladd <[email protected]>; Lake County Sheriff - Records <[email protected]>; Dale Stoebe <[email protected]>; Victor Fernandez <[email protected]>; Bethany Moss <[email protected]>; Katie Carpenter <[email protected]>; Kelly Buendia <[email protected]>; [email protected]; Patrick Reitz <[email protected]>; Jim Kennedy <[email protected]>; Linda Sobieraj <[email protected]>; Matt Hartzog <[email protected]>; Michelle Humphrey <[email protected]>; Ryan Cooley <[email protected]>
Subject: [EXTERNAL] Application 2024-018 - Tuesday Farmers' Market at Library Park Hi all,
Please find attached application 2024-018 for the Tuesday Farmers' Market at Library Park for your review and comments.

We would like to submit this for City Council approval at the 05/07/2024 Council meeting, so please have your comments back to me by 05/01/2024.

Thank you for your input.

Thank you,
Dale D Stoebe
Captain
Lakeport Police Department
CONFIDENTIALITY NOTICE: This communication with its contents may contain confidential and/or legally privileged information. It is solely for the use of the intended recipient(s).

Unauthorized interception, review, use or disclosure is prohibited and may violate applicable laws including the Electronic Communications Privacy Act. If you are not the intended recipient, please contact the sender and destroy all copies of the communication.

From: Hilary Britton <[email protected]>
Sent: Tuesday, April 16, 2024 11:07 AM
To: Amanda Frazell <[email protected]>; Johnnie Lindsey <[email protected]>; Lisa DaveyBates <[email protected]>; Lori Price <[email protected]>; Pheakdey Preciado <[email protected]>; Ron Ladd <[email protected]>; Sheriff's Dept <[email protected]>; Dale Stoebe <[email protected]>; Victor Fernandez <[email protected]>; Bethany Moss <[email protected]>; Katie Carpenter <[email protected]>; Kelly Buendia <[email protected]>; [email protected]; Patrick Reitz <[email protected]>; Jim Kennedy <[email protected]>; Linda Sobieraj <[email protected]>; Matt Hartzog <[email protected]>; Michelle Humphrey <[email protected]>; Ryan Cooley <[email protected]>
Subject: Application 2024-018 - Tuesday Farmers' Market at Library Park Hi all,
Please find attached application 2024-018 for the Tuesday Farmers' Market at Library Park for your review and comments.

We would like to submit this for City Council approval at the 05/07/2024 Council meeting, so please have your comments back to me by 05/01/2024.

Thank you for your input.

Hilary Britton
Deputy City Clerk/Records Supervisor
RE: Application 2024-018 - Tuesday Farmers' Market at Library Park Ron Ladd <[email protected]>
Wed 4/17/2024 7:50 AM
To:Hilary Britton <[email protected]>;Dale Stoebe <[email protected]>;Victor Fernandez <[email protected]>;Bethany Moss <[email protected]>;Kelly Buendia <[email protected]>;[email protected] <[email protected]>;Patrick Reitz <[email protected]>;Jim Kennedy <[email protected]>;Linda Sobieraj <[email protected]>;Matt Hartzog <[email protected]>;Michelle Humphrey <[email protected]>;Ryan Cooley <[email protected]>
Hilary,
Please remind the event organizers to keep the sidewalk along the park open for pedestrians during the event and vendors should park legally.

Thank you,
Ron
From: Hilary Britton <[email protected]>
Sent: Tuesday, April 16, 2024 11:07 AM
To: Amanda Frazell <[email protected]>; Johnnie Lindsey <[email protected]>; Lisa DaveyBates <[email protected]>; Lori Price <[email protected]>; Pheakdey Preciado <[email protected]>; Ron Ladd <[email protected]>; Sheriff's Dept <[email protected]>; Dale Stoebe <[email protected]>; Victor Fernandez <[email protected]>; Bethany Moss <[email protected]>; Katie Carpenter <[email protected]>; Kelly Buendia <[email protected]>; [email protected]; Patrick Reitz <[email protected]>; Jim Kennedy <[email protected]>; Linda Sobieraj <[email protected]>; Matt Hartzog <[email protected]>; Michelle Humphrey <[email protected]>; Ryan Cooley <[email protected]>
Subject: Application 2024-018 - Tuesday Farmers' Market at Library Park Hi all,
Please find attached application 2024-018 for the Tuesday Farmers' Market at Library Park for your review and comments.

We would like to submit this for City Council approval at the 05/07/2024 Council meeting, so please have your comments back to me by 05/01/2024.

Thank you for your input.

Hilary Britton
Deputy City Clerk/Records Supervisor
City of Lakeport
225 Park Street
Lakeport, CA 95453
Re: Application 2024-018 - Tuesday Farmers' Market at Library Park Bethany Moss <[email protected]>
Thu 4/18/2024 8:24 AM
To:Ron Ladd <[email protected]>;Hilary Britton <[email protected]>;Dale Stoebe <[email protected]>;Victor Fernandez <[email protected]>;Kelly Buendia <[email protected]>;[email protected] <[email protected]>;Patrick Reitz <[email protected]>;Jim Kennedy <[email protected]>;Linda Sobieraj <[email protected]>;Matt Hartzog <[email protected]>;Michelle Humphrey <[email protected]>;Ryan Cooley <[email protected]>
Good morning Hilary,
The below conditions of approval from Building are the usual. Compliance last year by the organizer wasn't satisfactory. Fingers crossed for a new season of compliance! All tents to be weighted down with 40 pound weights on each leg of the tent Currently serviced fire extinguishers to be installed every 75' of travel. 2A 10BC required. If food vendors are using a deep fat fryer, a Class K extinguisher is required in addition to the 2A 10BC's Propane tanks to be secured in an approved manner to avoid tipping (I believe there's a couple food vendors this would apply to). If other compressed gas cylinders are used (CO2 potentially), same requirement applies
All electrical cords to be covered in an approved manner to avoid tripping hazards and physical damage
Extension cords are not to be plugged into a series into other extension cords Generators, if used, shall be placed 10' from combustibles with fire extinguisher in proximity Egress pathways to remain free of merchandise and other obstructions Thank you!
Bethany Moss Childers, CBO
Chief Building Official, City of Lakeport
225 Park Street Lakeport, Ca 95453
P: 707-263-5615 x202 F: 707-263-8584
Online Building Permit Portal: lakeportca.portal.opengov.com From: Ron Ladd <[email protected]>
Sent: Wednesday, April 17, 2024 7:50 AM
To: Hilary Britton <[email protected]>; Dale Stoebe <[email protected]>; Victor Fernandez <[email protected]>; Bethany Moss <[email protected]>; Kelly Buendia <[email protected]>; [email protected] <[email protected]>; Patrick Reitz <[email protected]>; Jim Kennedy <[email protected]>; Linda Sobieraj <[email protected]>; Matt Hartzog <[email protected]>; Michelle Humphrey <[email protected]>; Ryan Cooley <[email protected]> Subject: RE: Application 2024-018 - Tuesday Farmers' Market at Library Park Hilary,
Please remind the event organizers to keep the sidewalk along the park open for pedestrians during the event and vendors should park legally.

We would like to submit this for City Council approval at the 05/07/2024 Council meeting, so please have your comments back to me by 05/01/2024.

Thank you for your input.

RE: Application 2024-019 - Bicoastal Media - Summer Concerts in the Park Bethany Moss <[email protected]>
Wed 4/24/2024 2:46 PM
To:Hilary Britton <[email protected]>
Hi Hilary,
My comments are the same as the Farmer’s Market conditions.

Thank you!
Bethany Moss Childers, CBO
Chief Building Official, City of Lakeport
225 Park Street Lakeport, Ca 95453
P: 707-263-5615 x202 F: 707-263-8584
Online Building Permit Portal: lakeportca.portal.opengov.com From: Hilary Britton <[email protected]>
Sent: Tuesday, April 23, 2024 4:12 PM
To: Amanda Frazell <[email protected]>; Johnnie Lindsey <[email protected]>; Lisa DaveyBates <[email protected]>; Lori Price <[email protected]>; Pheakdey Preciado <[email protected]>; Ron Ladd <[email protected]>; Sheriff's Dept <[email protected]>; Dale Stoebe <[email protected]>; Victor Fernandez <[email protected]>; Bethany Moss <[email protected]>; Katie Carpenter <[email protected]>; Kelly Buendia <[email protected]>; [email protected]; Patrick Reitz <[email protected]>; Jim Kennedy <[email protected]>; Linda Sobieraj <[email protected]>; Matt Hartzog <[email protected]>; Michelle Humphrey <[email protected]>; Ryan Cooley <[email protected]>
Subject: Application 2024-019 - Bicoastal Media - Summer Concerts in the Park Hi all,
Please find attached application 2024-019 for the summer Concerts in the Park series for your review and comments.

We would like to submit this for City Council approval at the 05/07/2024 Council meeting, so please have your comments back to me by 05/01/2024.

Thank you for your input.

Hilary Britton
Deputy City Clerk/Records Supervisor
City of Lakeport
225 Park Street
Lakeport, CA 95453
(707) 263-5615 x102
[email protected]
E-mail correspondence and attachments with the City of Lakeport may be subject to the California Public Records Act, and as such may therefore be subject to public disclosure unless otherwise exempt under the Act. *For Public Records Act requests, please visit our online public records request system FW: Application 2024-019 - Bicoastal Media - Summer Concerts in the Park Lake County Sheriff - Records <[email protected]> Wed 4/24/2024 3:02 PM
To:Hilary Britton <[email protected]>
Please see Sheriffs Office response below
From: Richard Ward <[email protected]>
Sent: Wednesday, April 24, 2024 10:05 AM
To: Lake County Sheriff - Records <[email protected]> Subject: RE: Application 2024-019 - Bicoastal Media - Summer Concerts in the Park No concerns from the Sheriff’s Office.

Lieutenant Rich Ward
Lake County Sheriff’s Office
1220 Martin St.

From: Lake County Sheriff - Records <[email protected]> Sent: Wednesday, April 24, 2024 9:32 AM
To: Richard Ward <[email protected]>
Subject: FW: Application 2024-019 - Bicoastal Media - Summer Concerts in the Park From: Hilary Britton <[email protected]>
Sent: Tuesday, April 23, 2024 4:12 PM
To: Dean Eichelmann <[email protected]>; Johnnie Lindsey <[email protected]>; Lisa DaveyBates <[email protected]>; Lori Price <[email protected]>; Pheakdey Preciado <[email protected]>; Ron Ladd <[email protected]>; Lake County Sheriff - Records <[email protected]>; Dale Stoebe <[email protected]>; Victor Fernandez <[email protected]>; Bethany Moss <[email protected]>; Katie Carpenter <[email protected]>; Kelly Buendia <[email protected]>; [email protected]; Patrick Reitz <[email protected]>; Jim Kennedy <[email protected]>; Linda Sobieraj <[email protected]>; Matt Hartzog <[email protected]>; Michelle Humphrey <[email protected]>; Ryan Cooley <[email protected]>
Subject: [EXTERNAL] Application 2024-019 - Bicoastal Media - Summer Concerts in the Park Hi all,
Please find attached application 2024-019 for the summer Concerts in the Park series for your review and comments.

We would like to submit this for City Council approval at the 05/07/2024 Council meeting, so please have your comments back to me by 05/01/2024.

Thank you for your input.

Hilary Britton
Deputy City Clerk/Records Supervisor
City of Lakeport
225 Park Street
Lakeport, CA 95453
(707) 263-5615 x102
[email protected]
E-mail correspondence and attachments with the City of Lakeport may be subject to the California Public Records Act, and as such may therefore be subject to public disclosure unless otherwise exempt under the Act. *For Public Records Act requests, please visit our online public records request system RE: Application 2024-019 - Bicoastal Media - Summer Concerts in the Park Dale Stoebe <[email protected]>
Thu 4/25/2024 10:22 AM
To:Hilary Britton <[email protected]>;Amanda Frazell <[email protected]>;Johnnie Lindsey <[email protected]>;Lisa Davey-Bates <[email protected]>;Lori Price <[email protected]>;Pheakdey Preciado <[email protected]>;Ron Ladd <[email protected]>;Sheriff's Dept <[email protected]>; Victor Fernandez <[email protected]>;Bethany Moss <[email protected]>;Katie Carpenter <[email protected]>;Kelly Buendia <[email protected]>;[email protected] <[email protected]>;Patrick Reitz <[email protected]>;Jim Kennedy <[email protected]>;Linda Sobieraj <[email protected]>;Matt Hartzog <[email protected]>;Michelle Humphrey <[email protected]>;Ryan Cooley <[email protected]> The Police Department has no issues with these events.

Dale D Stoebe
Captain
Lakeport Police Department
CONFIDENTIALITY NOTICE: This communication with its contents may contain confidential and/or legally privileged information. It is solely for the use of the intended recipient(s).

From: Hilary Britton <[email protected]>
Sent: Tuesday, April 23, 2024 4:12 PM
To: Amanda Frazell <[email protected]>; Johnnie Lindsey <[email protected]>; Lisa DaveyBates <[email protected]>; Lori Price <[email protected]>; Pheakdey Preciado <[email protected]>; Ron Ladd <[email protected]>; Sheriff's Dept <[email protected]>; Dale Stoebe <[email protected]>; Victor Fernandez <[email protected]>; Bethany Moss <[email protected]>; Katie Carpenter <[email protected]>; Kelly Buendia <[email protected]>; [email protected]; Patrick Reitz <[email protected]>; Jim Kennedy <[email protected]>; Linda Sobieraj <[email protected]>; Matt Hartzog <[email protected]>; Michelle Humphrey <[email protected]>; Ryan Cooley <[email protected]>
Subject: Application 2024-019 - Bicoastal Media - Summer Concerts in the Park Hi all,
Please find attached application 2024-019 for the summer Concerts in the Park series for your review and comments.

We would like to submit this for City Council approval at the 05/07/2024 Council meeting, so please have your comments back to me by 05/01/2024.

Thank you for your input.

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

STAFF REPORT
RE: Community Development Quarterly Report MEETING DATE: 05/07/2024 SUBMITTED BY: Bethany Moss Childers, Chief Building Official PURPOSE OF REPORT: Information only Discussion Action Item DISCUSSION: The Community Development Activity Report presented herein to the City Council covers Quarter 3 of Fiscal Year 23-24, January, February, and March. The four main categories include planning applications, building permits, code enforcement and Abandoned Vehicle Abatement (AVA) reporting.

RECOMMENDATION: Informational purposes only
COUNCIL PRIORITIES:
☐ Priority #1: Public Safety & Crisis Response
☐ Priority #2: Disaster Resiliency
☒ Priority #3: Good Governance & Fiscal Stability
☐ Priority #4: Capital Infrastructure Improvement
☐ Priority #5: Safe, Sustainable & Attractive Neighborhoods ☐ Priority #6: Economic Development
SUGGESTED MOTIONS:

Receive and File.

Attachments: 1. Planning Applications

2. Building Permits

3. Code Enforcement

4. Abandoned Vehicle Abatement Reporting
City of Lakeport
225 PARK STREET – LAKEPORT CA 95453
225 PARK STREET, LAKEPORT CA 95453
PHONE: 707.263.5615 X 202 EMAIL: [email protected]

PLANNING APPLICATIONS
This report summarizes the various Land Use Applications that were processed by the Community Development Department, Planning Division for the 3rd Quarter of the 2023-2024 Fiscal Year.

January 2024 – March 2024:

Application
Number
Project
Type APN Project Description
Project
Location Received Completed
2023-32 GPA, ZC,
AD, ER
025-
501-47
Zone Change,
General Plan
Amendment,
Architectural &
Design Review,
and
Environmental
Review
410
Esplanade
Street
2023-34 AD, CE 025-
611-40
Architectural
and Design
Review
1152
South
Main
Street
2023-36 AD, SD,

TPM, ER
026-
031-29
Tentative Parcel
Map,
Architectural
and Design
Review,
Shoreline
Development,
and
Environmental
Review
2200
Lakeshore
Blvd
PLN-24-1 UP, CE 026-
282-04 Use Permit
1170
North
Main
Street
PLN-24-2 ZP, CE 025-
383-23 Zoning Permit 60 Third Street
*Project Types listed below
AR – Architectural and Design Review SD – Shoreline Development Permit CE – Categorical Exemption Text Amend – Text Amendment
ER – Environmental Review UP – Use Permit
2 HO – Home Occupations VM – Voluntary Parcel Merger
GPA – General Plan Amendment ZC – Zone Change
S – Tentative Subdivision Map ZP – Zoning Permit
TPM – Tentative Parcel Map FS – Freestanding Sign
City of Lakeport
225 PARK STREET – LAKEPORT CA 95453
225 PARK STREET, LAKEPORT CA 95453
PHONE: 707.263.5615 X 215 EMAIL: [email protected] FY2023-24 Third Quarter Building Permit Statistics
The following data reflects the results of all building permits issued and receiving a final inspection from January 2024 to March 2024:
31 Permits - Issued. Total Fees: $34,318.96 Total Valuation: $1,959,097.31 26 Permits - Final. Total Fees: $9,257.33 Total Valuation: $354,452.92 January:

Building Permits Issued: 9
• Issued Permits, Total Valuation of Work: $1,317,399.11 • Issued Permits, Total Fees Paid to City: $17,348.61
February:

Building Permits Issued: 8
• Issued Permits, Total Valuation of Work: $323,319.00
• Issued Permits, Total Fees Paid to City: $9,269.62
March:

Building Permit Issued: 14
• Issued Permits, Total Valuation of Work: $318,439.20
• Issued Permits, Total Fees Paid to City: $7,700.73
City of Lakeport
225 PARK STREET – LAKEPORT CA 95453
225 PARK STREET, LAKEPORT CA 95453
PHONE: 707.263.5615 X 215 EMAIL: [email protected] Fiscal Year 2023-2024 3rd Quarter Code Enforcement Statistics The following data reflects the results of all code enforcement complaints submitted from January 2024 to March 2024, including proactive code enforcement efforts.

Total Code Enforcement Inspections Conducted: 66
Total Citations Issued: 0
January:
• Code Enforcement Inspections Conducted: 20
February:
• Code Enforcement Inspections Conducted: 23
March:
• Code Enforcement Inspections Conducted: 23
The following is a breakdown of the types of complaint and/or proactive inspections:
• AVA – 5
• Trash/Junk/Debris - 17
• Overgrown Vegetation -4
• Unpermitted Structures -2
• Vehicle/RV Storage - 7
• Stormwater –5
• Substandard Housing/Hoarding – 4
• Stop Work Order – 2
• Business Operations – 6
• Red Tagged Properties – 3
• Right of Way Violations – 3
City of Lakeport
225 PARK STREET – LAKEPORT CA 95453
225 PARK STREET, LAKEPORT CA 95453
PHONE: 707.263.5615 X 215 EMAIL: [email protected]

AVA QUARTERLY STATISTICS
January 2024 – March 2024
First Quarter
Vehicles Tagged: 9 Vehicles GOA: 7
Vehicles City Abated:2 Reimbursed: 2
Dismantled: 2
Description Qty Cost Per Total
Total Vehicles GOA 7
Total Vehicles Abated via AVA 2 $250 $600
$400
Total Vehicles Dismantled 2
Total Reimbursements 2
TOTAL INVOICED: $ 600.00
Meeting Date: 05/07/2024 Page 1 Agenda Item # IV.F.

CITY OF LAKEPORT
City Council ☒
City of Lakeport Municipal Sewer District ☐
Lakeport Industrial Development Authority ☐
Municipal Financing Agency of Lakeport ☐

STAFF REPORT
RE: 2nd Quarter Update, FY 2023/24 MEETING DATE: 05/07/24 SUBMITTED BY: Nicholas Walker, ACM/ Finance Director
PURPOSE OF REPORT: ☒Information only ☐ Discussion ☐Action Item WHAT IS BEING ASKED OF THE CITY COUNCIL/BOARD:

The City Council is being asked to review and file the 2nd Quarter Financial Update.

BACKGROUND/DISCUSSION:

Financial Update
Attachment A to this staff report includes summarized unaudited financial statements for the general fund, water operating and maintenance fund, and the sewer operating and maintenance fund, which include revenue and expense activity through December 31, 2023. The format in which the statements are prepared is similar to the annual budget. The schedule includes amounts available for discretionary spending for each fund presented in the 2022-23 audited financial statements, in accordance with Generally Accepted Accounting Principles (GAAP), as well as the amounts of anticipated ending discretionary spending expected to be available at the 2022-23 year-end. In the enterprise funds this term “working capital” is defined as current assets minus current liabilities. For budgeting purposes, the modified accrual method is used and this is common practice among governmental agencies. Working capital is the enterprise funds equivalent of the general funds amounts available for discretionary spending.

In accordance with GAAP, financial statements in the Annual Comprehensive Financial Report (ACFR) are presented in two distinctly different ways, (1) the governmental fund financial statements and (2) government wide and enterprise fund financial statements. Governmental fund financial statements present balances using a current financial resources measurement focus which emphasizes the current available spendable resources available for appropriation. This method of accounting is known as modified accrual. Government wide and enterprise fund financial statements are presented on a flow of economic resources measurement focus which reports all assets and liabilities whether current or long term. This method is referred to as accrual accounting and is similar to the type of presentation that is used in private industry.

Meeting Date: 05/07/2024 Page 2 Agenda Item # IV.F.

Investments
According to the idle funds investment policy for the City of Lakeport, the City of Lakeport Municipal Sewer District (CLMSD) and Municipal Financing Agency of Lakeport (MFAL) quarterly updates are to be provided to the City Council for review.

This schedule provides detailed information on each individual CD as of December 31, 2023:

This schedule provides balances and concentration percentages of the City-wide cash and investment balances as of December 31, 2023:

OPTIONS:

1. Review and file the 2nd Quarter Financial Update.

2. Do not review and file but provide direction to staff.

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:

General Fund Settlement Original Estimated Current Accrued Interest CD Title Yield FDIC # Date Amount Market Value Through 12/31/23 Total Fidelity Govt MMKT Capital 4.47% 48,537.35 48,537.35
UBS Bank Salt Lake 3.05% 90348J3H1 11/18/2024 2 Years 200,000.00 196,292.00 230.14 196,522.14 Capital One National 3.18% 14042TGE1 5/19/2025 3 Years 200,000.00 194,912.00 747.40 195,659.40 State Bank India 1.00% 856283P26 7/10/2025 5 Years 200,000.00 188,310.00 910.96 189,220.96 BNY Mellon 4.70% 05584CKE5 11/15/2027 4 Years 244,000.00 243,721.84 1,476.70 245,198.54 Discover Bank 4.89% 254673Z74 11/15/2027 5 Years 243,000.00 248,440.77 1,564.52 250,005.29 Total 1,087,000.00 1,120,213.96 4,929.72 1,125,143.68
Wastewater Settlement Original Estimated Current Accrued Interest CD Title Yield FDIC # Date Amount Market Value Through 12/31/23 Total Fidelity Govt MMKT Capital 4.47% 65,222.52 65,222.52
Morgan Stanley Private Bank
Northern Bank 4.76% 66476QDC9 8/15/2024 1 Years 244,000.00 243,509.56 1,492.41 245,001.97 Wells Fargo Bank 2.01% 949763R73 1/17/2025 5 Years 200,000.00 193,486.00 160.27 193,646.27 American Express National 3.18% 02589ACS9 5/19/2025 3 Years 200,000.00 194,912.00 747.40 195,659.40 Synchrony Bank 3.18% 87165HP79 5/20/2025 3 Years 200,000.00 194,890.00 713.42 195,603.42 MBMW BK North America 4.46% 05580AZ23 4/21/2027 4 Years 244,000.00 240,659.64 2,117.79 242,777.43 Total 1,088,000.00 1,132,679.72 5,231.29 1,137,911.01
Term
Term
Original
Original
Investment Type Fair Value Concentration
Local Agency Investment Fund (LAIF) $ 2,793,122 13.68%
Certificates of Deposit 2,263,055 11.08%
PARS Mutual Funds 1,035,847 5.07%
Demand Deposits (checking) 14,329,889 70.17%
Total Funds 20,421,913$ 100.00%
Meeting Date: 05/07/2024 Page 3 Agenda Item # IV.F.

COUNCIL PRIORITIES:
☐ Priority #1: Public Safety & Crisis Response
☐ Priority #2: Disaster Resiliency
☒ Priority #3: Good Governance & Fiscal Stability
☐ Priority #4: Capital Infrastructure Improvement
☐ Priority #5: Safe, Sustainable & Attractive Neighborhoods ☐ Priority #6: Economic Development
SUGGESTED MOTIONS:

NONE.
☒ Attachments: 1. Summarized unaudited financial statements for the general fund, water operating and maintenance fund and the sewer operating and maintenance fund.

Fund: 110
Name: General Fund
2023-24 2023-24
Adjusted Budget As of December
31, 2023 Remaining $ % Collected/
Used
Taxes $ 2,123,164 5,507,335 $ 3,384,171 $ 39%
Franchises 150,388 326,000 175,612 46%
Licenses 105 200 95 53%
Permits 54,140 107,500 53,360 50%
Fines, forfeitures, and penalties 11,000 3,368 7,632 31% Use of money and property 87,000 5,121 81,879 6%
Income from other agencies 244,000 65,000 179,000 27%
Federal funding 2,828 1,000 (1,828) 283%
State funding 78,360 102,500 24,140 76%
Charges for service 43,514 80,000 36,486 54%
Other revenue 76,761 34,300 (42,461) 224%
Total revenue 6,500,835 2,602,749 3,898,086 40%
1,596,465 3,967,068 2,370,603 40%
711,286 2,319,053 1,607,767 31%
216,019 610,038 394,019 35%
Total expenditures 6,896,159 2,523,770 4,372,389 37%
Use of fund balance - -
- 35,000
- (457,810)
Net sources (uses) (422,810) -
Resources - Use
Surplus (deficit) $ 78,979 (818,134) $
Beginning General Fund Balance 6,732,550 6,523,962
Nonspendable (289,481) (289,481)
Restricted (24,462) (24,462)
Operating Reserve (1,101,595) (926,118)
Reserve for Economic Uncertainties (1,468,794) (1,234,824) Disaster Reserve (734,397) (617,412)
VERF (147,735) (117,735)
RIMF (214,253) (114,492)
PORF (986,866) (946,490)
Beginning Discretionary General Fund Balance 1,764,967 2,252,948 Inflows 6,535,835 2,602,749
Outflows 7,353,969 2,523,770
78,979 (818,134)
Anticipated Ending Discretionary General Fund Balance 946,833 $ 2,331,927 $ Adjusted Budget As of December
31, 2023
Non-Departmental 9,995 794,811 784,816 1%
Legislative 46,102 115,476 69,374 40%
Administration 152,535 430,142 277,607 35%
Economic Development 46,473 117,000 70,527 40%
City Attorney 38,870 50,000 11,130 78%
Finance and Information Technology 405,227 197,071 208,156 49% Community Development:

Planning 153,186 490,233 337,047 31%
Building 166,951 371,478 204,527 45%
Engineering 49,953 154,203 104,250 32%
Police 1,156,451 3,073,539 1,917,088 38%
Public Works:

Administration and Compliance 141,105 50,574 90,531 36% Roads and Infrastructure 577,206 247,103 330,103 43%
Parks, Buildings, and Grounds 633,549 208,506 425,043 33% Total use 2,523,770 7,353,969 4,830,199 34%
Departmental Use
Expenditures
Change to fund balance
Fiscal Year 2023-24
Financing Sources (Uses)
Transfers in
Transfers (out)
Revenue Sources
Salaries and benefits
Operations
Capital outlay/CIP
Fund: 501
Name: Water Utility M & O Fund
2023-24 2023-24
Adjusted Budget As of December
31, 2023 Remaining $ % Collected/
Used
Charges for service 2,827,00 0 1,418,712 50% 1,408,288
Interfund services provided 120,00 0 - 0% 120,000
Total revenue 2,947,00 0 1,418,712 48% 1,528,288
-
1,376,277 550,209 40% 826,068
781,839 264,939 34% 516,900
Debt service 756,891 361,785 48% 395,106
5,159,061 334,602 6% 4,824,459
Total expenditures 8,074,06 8 1,511,535 19% 6,562,533
-
Net sources (uses) - - -
Resources - Use -
Surplus (deficit) (92,823) (5,127,068)
Beginning Working Capital 1,949,86 0 1,949,860
Inflows 2,947,00 0 1,418,712
Outflows 8,074,06 8 1,511,535
Change to fund balance (5,127,068) (92,823)
Anticipated Ending Working Capital $ (3,177,208) $ 1,857,037 Adjusted Budget As of December
31, 2023
Non-Departmental 826,891 369,278 45% 457,613
Legislative 17,00 0 7,545 44% 9,455
Administration 140,86 4 56,843 40% 84,021
City Attorney 28,000 10,799 39% 17,201
Finance and Information Technology 318,80 6 136,897 43% 181,909 Community Development: -
Planning 24,30 6 14,129 58% 10,177
Building 29,35 8 14,970 51% 14,388
Engineering 64,29 8 31,024 48% 33,274
Public Works: -
Administration and Compliance 215,596 54,173 25% 161,423 Water O&M 6,408,94 9 815,877 13% 5,593,072
Total use 8,074,06 8 1,511,535 19% 6,562,533
Departmental Use
Financing Sources (Uses)
Fiscal Year 2023-24
Revenue Sources
Expenditures
Salaries and benefits
Operations
Capital outlay/CIP
Fund: 601
Name: Sewer Utility M & O Fund
2023-24 2023-24
Adjusted Budget As of December
31, 2023 Remaining $ % Collected/Used
Taxes $ 55,050 $ - $ 0% 55,050
Use of money and property 52,500 15,000 29% 37,500
Charges for service 3,071,00 0 1,619,607 53% 1,451,393
Interfund services provided 18,000 - 0% 18,000
Total revenue 3,196,55 0 1,634,607 51% 1,561,943
1,393,118 541,856 39% 851,262
1,058,472 413,067 39% 645,405
Debt service 675,36 7 427,589 63% 247,778
1,435,211 162,657 11% 1,272,554
Total expenditures 4,562,16 8 1,545,169 34% 3,016,999
Net sources (uses) - -
Resources - Use
Surplus (deficit) 89,438 (1,365,618)
Audited Beginning Working Capital 6,320,690 6,320,690
Inflows 3,196,55 0 1,634,607
Outflows 4,562,16 8 1,545,169
Change to fund balance (1,365,618) 89,438
Anticipated Ending Working Capital $ 4,955,072 $ 6,410,128 Adjusted Budget As of December
31, 2023
Non-Departmental 745,36 7 435,082 58% 310,285
Legislative 17,000 7,545 44% 9,455
Administration 140,81 4 56,843 40% 83,971
City Attorney 28,000 10,724 38% 17,276
Finance and Information Technology 316,755 138,202 44% 178,553 Community Development:

Planning 24,306 14,129 58% 10,177
Building 29,358 15,020 51% 14,338
Engineering 64,298 32,561 51% 31,737
Public Works:

Administration and Compliance 215,596 54,061 25% 161,535 Sewer O&M 2,980,67 4 781,002 26% 2,199,672
Total use 4,562,16 8 1,545,169 34% 3,016,999
Fiscal Year 2023-24
Revenue Sources
Departmental Use
Financing Sources (Uses)
Expenditures
Salaries and benefits
Operations
Capital outlay/CIP
Meeting Date: 5/7/2024 Page 1 Agenda Item IV.G.

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: Out-of-State Training Approval MEETING DATE: 05/07/2024 SUBMITTED BY: Kevin Ingram, City Manager
PURPOSE OF REPORT: ☐ Information only ☐ Discussion ☒ Action Item WHAT IS BEING ASKED OF THE CITY COUNCIL/BOARD:

The City Council is being asked to authorize the City Manager to send five (5) staff members to the 2024 Neighborworks Training Institute in Pittsburgh, PA. This event provides a wide variety of training sessions over the course of five days pertaining to affordable housing, community and neighborhood revitalization, community engagement, construction and rehab, and more.

BACKGROUND/DISCUSSION:

The 2024 Neighborworks Training Institute will take place at the Pittsburgh Convention Center and Omni William Penn from August 26 to August 30, 2024. This weeklong event will equip staff with the knowledge, strategies, and tools to enhance their skills. The City’s housing consultant, Adams Ashby, recommended this training as it hosts sessions necessary for our staff to implement the new Housing Services Program.

In 2022, the City of Lakeport was awarded a $208,650.00 CDBG-PL grant to prioritize the housing needs of our community through the development of a Housing Services Program Implementation Plan. The City plans to develop the following programs as part of this planning activity: Owner-Occupied Rehabilitation Program, Homebuyer Program, and Tenant Based Rental Assistance Program & Utilities and Eviction Prevention Program.

However, staff is considering requesting a scope of work amendment through CDBG to replace the Tenant Based Rental Assistance Program & Utilities and Eviction Program with a Housing Conditions Survey and Mobile Home Relocation Out of Hazardous Areas Strategic Plan. Staff has determined that these amendments will better serve Lakeport’s needs and priorities.

Certain training is required by HCD to implement these programs. The Neighborworks Training Institute offers this required training, which is why staff must attend. City staff attending the training includes City Manager Kevin Ingram, Assistant City Manager Nicholas Walker, Community Development Director Joey Hejnowicz, Chief Building Official Bethany Moss, and Administrative Analyst Linda Sobieraj.

The Travel Expense Authorization and Reimbursement Policy, as adopted by the City of Lakeport on August 17, 2021, mandates that City Council approval is necessary for all international and out-of-state travel undertaken by City staff members.

Funding for staff attendance at this training event is entirely paid for through the CDBG-PL grant award.

Approval of this action will have no fiscal impact on the General Fund.

Meeting Date: 5/7/2024 Page 2 Agenda Item IV.G.

OPTIONS:

1. Authorize Out-of-State Training for five (5) staff members to attend the 2024 Neighborworks Training Institute in Pittsburgh, PA.

2. Provide alternative direction.

FISCAL IMPACT:
☐ None ☒ $25,000 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: CDBG Planning Grant Fund
COUNCIL PRIORITIES:
☐ Priority #1: Public Safety & Crisis Response
☐ Priority #2: Disaster Resiliency
☒ Priority #3: Good Governance & Fiscal Stability
☐ Priority #4: Capital Infrastructure Improvement
☐ Priority #5: Safe, Sustainable & Attractive Neighborhoods ☒ Priority #6: Economic Development
SUGGESTED MOTIONS:

Move to Authorize Out-of-State Training for five (5) staff members to attend the 2024 Neighborworks Training Institute in Pittsburgh, PA. from August 26 to August 30, 2024. ☒ Attachments: Travel Expense Authorization and Reimbursement Policy

TRAVEL EXPENSE

AUTHORIZATION AND

REIMBURSEMENT
POLICY
ADOPTED AUGUST 17, 2021
City of Lakeport
Regulations Governing
the Expenditure of
Public Funds
City of Lakeport
Travel Expense Authorization and Reimbursement Policy
261971.1 Page 1
Contents
1 PURPOSE ....................................................................................................................... 3 2 PROCEDURE FOR IMPLEMENTATION.............................................................................. 3 3 ELIGIBLE AND PROHIBITED EXPENSES............................................................................. 3

3.1 Authorized Activities................................................................................................ 4

3.2 Eligible Expenses...................................................................................................... 4

3.3 Prohibited Expenses ................................................................................................ 4 4 REIMBURSEMENT POLICY............................................................................................... 5

4.1 Registration Fees ..................................................................................................... 5

4.2 Lodging.................................................................................................................... 5

4.3 Transportation......................................................................................................... 6

4.3.1 Air Transportation............................................................................................. 6

4.3.2 Ground Transportation ..................................................................................... 6

4.3.3 City Vehicles ..................................................................................................... 6

4.3.4 Personal or Private Vehicles.............................................................................. 6

4.3.5 Baggage Charges............................................................................................... 7

4.3.6 Taxi, Shuttle, Transportation Network Carrier (Rideshare) and/or Car Rental..... 7

4.3.7 Car Rental......................................................................................................... 7

4.3.8 Bus, Train and/or Public Transit......................................................................... 8

4.3.9 Parking and Tolls............................................................................................... 8

4.4 Meals ...................................................................................................................... 8

4.4.1 Per Diem Rates ................................................................................................. 8

4.4.2 Allowable Meals ............................................................................................... 8

4.5 Required Documentation......................................................................................... 9

4.6 Tips ......................................................................................................................... 9

4.7 Telephone, Internet Access, FAX and Postage........................................................... 9

4.8 Miscellaneous.......................................................................................................... 9 5 CASH ADVANCE POLICY.................................................................................................. 9 6 INTERNATIONAL AND OUT-OF-STATE TRAVEL............................................................... 10 7 COMPLIANCE WITH LAWS ............................................................................................ 10 City of Lakeport
Travel Expense Authorization and Reimbursement Policy
261971.1 Page 2
8 VIOLATION OF THIS POLICY .......................................................................................... 10 9 TRAVEL TIME ............................................................................................................... 11 10 RESPONSIBILITY ........................................................................................................... 11 City of Lakeport
Travel Expense Authorization and Reimbursement Policy
261971.1 Page 3
1 PURPOSE
The purpose of this procedure is to implement the Travel Expense Authorization & Reimbursement Policy and to define authorized, reimbursable expenses incurred in travel on City business, establish citywide parameters for authorization and reimbursement of qualified expenses, and provide for audit controls. This procedure does not claim to address every issue, contingency, exception or condition that may arise in the course of authorized travel for City business. Accordingly, the basic standard that should always prevail is to exercise good judgment in the use and stewardship of the City’s resources. This policy applies to City Council, Management, Commissioners and Personnel traveling on City business and is intended to satisfy the requirements of GC 53232.2 and 53233.3
2 PROCEDURE FOR IMPLEMENTATION
Travelers shall follow their individual department rules for travel. In the absence of specific department rules travelers shall make their own travel arrangements, obtain required authorizations or approvals, and complete proper forms for any expenses related to the travel or training. Travelers must follow Finance Department procedures to obtain travel advances, pre-pay expenses, and/or obtain reimbursement.

If the traveler is an authorized primary CAL-Card cardholder, authorized travel-related expenses may be paid with traveler’s assigned CAL-Card, with the exception of travel-related meals. (See Meals Section 4.4). These paid expenses will be reflected in the cardholder’s monthly statement.

Participating City Departments may pre-pay travel expenses (e.g., airfare, hotel, conference registration, etc.) for their travelers with an assigned CAL-Card. Travelers shall make reference to this pre-payment arrangement within their monthly credit card log.

The department head bears responsibility to monitor the mode of transportation, the class of accommodations, the necessity and amount of all other expenses incurred prior to authorizing the travel expense.

Expense reimbursement requests must be submitted within 5 business days after the last day of travel, listing only expenses incurred by the City representative. If a traveler is paying for a meal for other City representatives, the names of the others must be listed on the itemized receipt. At a minimum, receipts or documentation are required for all expenses including registration, City vehicle fuel costs, and all miscellaneous expenses (defined below). 3 ELIGIBLE AND PROHIBITED EXPENSES
The City will pay for department head authorized allowable business travel expenses when reasonable, necessary and directly related to conducting business for the City of Lakeport.

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Expenses incurred for City travel which are not in compliance with the policies outlined below will not be paid or reimbursed. Eligible and prohibited expenses are identified below, followed by itemized procedures for each travel expense classification.

3.1 Authorized Activities
City of Lakeport funds, equipment, supplies (including letterhead), titles, and staff time must only be used for authorized City of Lakeport business. Expenses incurred in connection with the following types of activities generally constitute authorized expenses, as long as the other requirements of this policy are met:
• Communicating with representatives of regional, state and national government on the City of Lakeport’s adopted policy positions;
• Attending educational seminars designed to improve officials’ skill and information levels;
• Participating in regional, state and national organizations whose activities affect the City of Lakeport’s interests;
• Recognizing service to the City of Lakeport (for example, thanking a longtime employee with a retirement gift or celebration of nominal value and cost); • Attending City of Lakeport events; and
• Implementing a city-approved strategy for attracting or retaining businesses to the City of Lakeport, which will typically involve at least one staff member.

3.2 Eligible Expenses - The following are considered reasonable and necessary business travel expenses:
• Transportation (Airfare, City or personal vehicle, car for hire services, bicycle, public transportation, parking and tolls)
• Lodging
• Meals
• Registration fees for conferences, training and program fees • Other incidental business expenses (e.g. copies, fax, internet services)

3.3 Prohibited Expenses - Expenses which are prohibited from prepayment, advance or reimbursement of city funds include:
• Purchase of personal items or the personal portion of any trip • Alcoholic beverages
• Political contributions
• Program functions which are solely for the entertainment and/or recreation of the official or employee
• Other entertainment unless determined necessary in the conduct of City business • Personal phone calls except as specifically permitted • Traffic citations
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• First class travel
• Use of a private aircraft
• Personal losses incurred while on City of Lakeport business. • Expenses for family members or friends who may accompany an official or employee on a trip. The employee is responsible for any incremental expenses, such as per-person hotel occupancy charges, for traveling companions like family members, including those of a partner, child, or pet care. • Expenses for persons who are not city officials or employees, including consultants, developers, vendors, etc., for such occasions as miscellaneous travel and meeting expenses, business lunches, etc., unless prior approval is obtained from the department head, or council has appropriated funds for such purchase(s).
4 REIMBURSEMENT POLICY

4.1 Registration Fees
Convention or meeting registration fees are eligible expenses provided a receipt or some other documentation, such as a conference program or meeting agenda showing the fee, is submitted with the Travel Expense Report. Registration fees for meetings or convention programs, where a meal is served and costs for the meal are included in the registration, are fully allowed. Proof of attendance is required in the form of a final program, certificate of attendance, receipt of fees paid at the event, or some other document which would prove attendance.

4.2 Lodging
Lodging may be necessary for travel based on the distance from Lakeport, number of days of travel, or other factors. Department heads may determine when it is appropriate to provide lodging. The City shall reimburse for lodging costs from the night prior to the registration date of the conference through the ending day of the conference.

Expenses are allowed for adequate lodging, however reimbursement is limited to the lesser of the hotel’s government rate or the convention rate if applicable, for a single-occupancy room. If the government or convention rate is not available, expenses are allowed for the actual costs of lodging that is comparable in location and quality, as approved by the Department Head. Employees will not be required to share a room. The department head may limit reimbursement to the single room rate with the employee paying the difference if they prefer a larger room. An original detailed hotel receipt, showing the single room rate plus taxes, must be submitted with the request for payment.

Expenses for an extra days' lodging and meals will only be paid to secure lower airfare, if it results in savings including human resources costs. Additional lodging expenses incurred during in route travel stops are not reimbursable when using a personal or private vehicle unless no other mode of transportation is available to the destination and the normal duration of travel necessitates overnight lodging.

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4.3 Transportation
The City representative shall choose the mode (or modes) of transportation with due consideration of the amount of time involved in taking that particular mode. Only the cost of the least expensive appropriate mode, or combination of modes, of transportation will be reimbursed by the City, except as noted below under Bus, Train and/or Public Transit.

4.3.1 Air Transportation
Reimbursable airfare is determined using the least cost round trip economy, coach ticket, or voucher, available from a reputable common carrier at the time of purchase. Consider taking connecting flights if there is a significant savings over direct non-stop flights. Employee must document on the airline receipt the purpose of the purchase of tickets at a business class or economy plus class. Costs associated with early check-in may be permissible in order to accommodate the employee’s individual needs and/or ensure carry-on baggage is secured.

From time to time employees may choose the lowest fare to book an airline ticket that is below the market price (e.g., Southwest’s Wanna Get Away pricing); however, the employees may incur additional costs if there are any changes to the airline schedule or flight changes.

The City shall reimburse employee any difference in the airline fare if the change is necessary to accommodate adjustments to the traveler’s business itinerary. Changes made to airline tickets would not be reimbursed just to satisfy the employee’s personal schedule.

4.3.2 Ground Transportation
Reimbursement of round trip costs will be made when round trip ground travel does not exceed the cost for round trip airfare, or a combination of airfare and car rental. Local travel costs will be reimbursed as specified below when required for the destination event. When two or more city representatives travel to the same destination and the least cost mode of transportation is an automobile, carpooling is encouraged.

4.3.3 City Vehicles
Employees are encouraged to use City vehicles for all local and regional travel, if available.

Fuel for City vehicles should be drawn from the Corporation Yard fuel facility whenever possible. Where use of the City’s rental car program under section 4.3.7 below is more cost effective than use of a City vehicle, City personnel shall use the City’s rental car.

4.3.4 Personal or Private Vehicles
Officials and employees are required to carry personal automobile insurance coverage as required by law when driving a private vehicle on City business. Mileage for use of personal vehicles is allowed at the Internal Revenue Service standard mileage rate. Use of personal vehicle, where air travel is an option, is limited to a reimbursement rate not to exceed the lowest cost round-trip airfare. Documentation of the lower airfare rate dated prior to the travel date must be attached and submitted with mileage reimbursement request form.

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Where use of the City’s rental car program under section 4.3.7 below is more cost effective than use of a private vehicle, City personnel shall use the City’s rental car.

Allowance shall be made only to one City representative per vehicle, or per each City representative's share of any pooled costs. The mileage allowance is calculated based on the actual driving distance between Lakeport and the destination. If it is reasonable to expect the employee to depart from, or return to, their home on either of the travel legs, the mileage allowance will be calculated based on the actual driving distance from the employee's home to the destination minus the employee’s normal commute distance. Local mileage incurred at the point of destination and necessary to conduct city business is reimbursable at the approved mileage rate.

The following information must be recorded on the personal mileage reimbursement form:
the date and destination, business purpose of trip, total mileage as calculated from the workplace. Miles traveled will be documented using standard highway mileage guides or by printed internet map showing total miles traveled.

Mileage expenses will be reimbursed at the current mileage rate set by the Internal Revenue Service. The IRS updates the rate annually. The City gas or Cal-Card should not be used in conjunction with private vehicles, since the established mileage rate covers all costs of vehicle operation including gasoline, insurance, and maintenance.

4.3.5 Baggage Charges
The City shall reimburse for the first checked bag. Employee shall provide a receipt for the checked baggage to seek reimbursement or support the charges on the employee Cal-Card.

4.3.6 Taxi, Shuttle and Transportation Network Carrier (Rideshare) Expenses for transit to or from the main mode of transportation taken, and/or for necessary local transportation at the destination are allowable at cost. When local travel is not required for the destination, event reimbursement is limited to the lesser of round trip shuttle cost, rideshare costs, or taxi-cab fare. Employees using rideshare applications shall pick the lowest costs option. Employees shall not pick a rideshare service that has a limousine designation (e.g., UBER Black or Lyft Premier).

4.3.7 Car Rental.

The City has secured a government rate on rental car services through Enterprise Car Rental. If it is more cost efficient than using an existing city or personal vehicle (with mileage and fuel reimbursement based on the IRS rate mentioned above), City personnel shall utilize this service for all out of town travel requiring an overnight stay or greater than 50 miles in distance, oneway, unless otherwise approved by a department head. When two or more employees plan to attend the same event and a rental car is necessary, they are required to carpool unless the requirement is waived by the City Manager.

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4.3.8 Bus, Train and/or Public Transit
The City encourages the use of alternative modes of transportation in the interest of cost and the environment. Actual expenses for such alternative modes of transportation are allowable provided the total cost does not exceed the least cost mode of transportation by more than 10% and travel time does not overly extend the trip length.

4.3.9 Parking and Tolls
Necessary charges for parking and tolls are paid or reimbursable at actual cost provided the vehicle transportation is also necessary in the conduct of City business.

4.4 Meals
Eligible meal expenses, while on travel status, are paid on a per diem basis consistent with the Federal General Services Administration (GSA) requirements. Reimbursed meal costs in excess of GSA rates are considered a fringe benefit by the Internal Revenue Service and subject to personal income tax to the employee.

4.4.1 Per Diem Rates
Per Diem is allowed for meals and incidental expenses. The Federal GSA establishes per diem rates for destinations within the Continental United States (CONUS). As set by the GSA, the City will reimburse the employee a daily per diem rate equal to the GSA lowest tier rate for meals and incidental expenses (M&IE), based on the travel destination, including taxes and gratuity. The rate will be adjusted down for partial days of travel and for meals included in conference registration fees. No receipts will be required for per diem reimbursement.

Current rates can be found on the US General Services Administration per diem website:
http://www.gsa.gov/perdiem. Request for per diem payment should be approved by a department approving official and received by Accounts Payable 10 business days prior to travel. If the request is not received at least 10 days in advance, the Actual Cost method will need to be used.

4.4.2 Allowable Meals
All meals purchased by the traveler during the inclusive dates of travel including during the course of transit, are allowable at per diem cost, including tip. Meal allowance limits should be verified with the GSA website prior to travel.

If the traveler is attending training or a conference where meals are provided in the cost of the registration, a per diem allowance is not appropriate. A department head may approve exceptions only due to dietary restrictions. In addition, if the traveler is traveling on City business where the first or last day is a partial day, the meal allowance/reimbursement amount will be prorated.

Travelers who are attending a training out of county (e.g. Willits, Ukiah, etc.), where lodging is not being provided by the City, will be provided an allowance for meals (e.g., luncheon City of Lakeport
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included in a conference or with a speaker or program) as the traveler does not have the opportunity to bring and store lunch as they are able to do in a work place.

Unanticipated or unscheduled trainings or special events requiring a meal. Staff, City Official, or other City representative may receive reimbursement for a meal resulting from an unexpected or unscheduled event. Such reimbursement shall be in accordance with the provisions of this policy and subject to the approval of the responsible department head or the City Manager.

4.5 Required Documentation
The following is a list of required documentation supporting travel expenses:
• Copy of conference or training registration showing dates, location and cost; • Conference, training, or meeting agenda to document business purpose; • Travel Itinerary as appropriate;
• Per Diem request for meals
• Personal vehicle mileage reimbursement form, if applicable, including internet mapping verification of miles traveled.
• Receipts or other supporting documentation and completed Reimbursement Request Form for reimbursable expenses
• Receipts or other supporting documentation for any Cal-Card purchases It shall be the responsibility of the Finance Department to provide the forms and instructions necessary for implementation of the travel policies.

4.6 Tips
Reasonable amounts for tips (15% - 20%) are allowed for meals and transportation purposes.

4.7 Telephone, Internet Access, FAX and Postage
Actual costs are allowed when incurred for official City business. Charges for phone calls are eligible for reimbursement only when the call results in additional charges above their monthly plan. Examples of eligible expenses are: calls to a family member to confirm arrival, checking on the status of family, confirm or change itinerary, or respond to a home emergency.

4.8 Miscellaneous
Expenses not otherwise classified or prohibited are allowable when they are specifically necessary to successful completion of City business. Any expenses in question should be discussed with Department Head prior to travel.
5 CASH ADVANCE POLICY
In extreme cases, it may be necessary for an official to request a cash advance to cover anticipated expenses while traveling or doing business on the City of Lakeport’s behalf. Such City of Lakeport
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request for an advance should be submitted to the City Manager 14 days prior to the need for the advance with the following information:
• The purpose of the expenditure(s);
• The benefits of such expenditure to the residents of the City of Lakeport; • The anticipated amount of the expenditure(s) (for example, hotel rates, meal costs, and transportation expenses); and
• The dates of the expenditure(s).

Any unused advance must be returned to the City of Lakeport treasury within two business days of the official’s return, along with an expense report and receipts documenting how the advance was used in compliance with this expense policy.

In the event the City Manager or his/her designee is uncertain as to whether a request complies with this policy, such individual must seek resolution from the City Council of the City of Lakeport.
6 INTERNATIONAL AND OUT-OF-STATE TRAVEL
International and Out-of-State Travel require prior City Council approval except that representatives of the police department shall require no authorization other than police chief approval for expenses incurred in connection with investigation, prisoner pickup and transportation and prosecution to the extent that such funds are provided for in the police department budget.
7 COMPLIANCE WITH LAWS
City of Lakeport officials should keep in mind that some expenditures may be subject to reporting under the Political Reform Act and other laws. All documents related to agency expenditures and reimbursements are public records subject to disclosure under the Public Records Act.
8 REPORTS TO GOVERNING BOARD
Members of the City Council or any appointed member to a City commission or committee shall briefly report on meetings attended at City of Lakeport expense at the next regular meeting of the legislative body. If multiple officials attended, a joint report may be made. 9 VIOLATION OF THIS POLICY
Use of public resources or falsifying expense reports in violation of this policy may result in any or all of the following: 1) loss of reimbursement privileges; 2) a demand for restitution to the City of Lakeport; 3) the agency’s reporting the expenses as income to the elected official to state and federal tax authorities; 4) civil penalties of up to $1,000 per day and three times the value of the resources used; and 5) prosecution for misuse of public resources.

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10 TRAVEL TIME
FLSA (Federal Fair Labor Standards Act) regulations regarding travel time will be followed, except where terms of an MOU (labor memorandum of understanding) supersede FLSA regulations.
• One-day Trips: Such travel time is normally considered work time. However, travel time between home and an airport, etc., or the destination, which is comparable to normal commuting time is not work time.
• Overnight Trips: Travel at the direction or request of the City is considered work time (except for regular meal period or sleep time) when the travel time cuts across the employee's "normal working hours". This is true when the employee travels at normal work hours (e.g. from 8 to 5) on a day off (e.g. weekend). Travel time at other than normal working hours is not considered work time.

Employees shall not be reimbursed for travel time during their off-duty hours which includes time outside of normal working hours as well as meal breaks, sleep time, and the normal commuting time. Non-Management employees must obtain department head approval for travel time that will be counted as work time if it will result in overtime pay whether or not travel occurred during work hours.

Please consult Human Resources for additional information related to FLSA regulations. 11 RESPONSIBILITY
Finance Department – for overseeing administration of this policy and revising it as necessary to maintain compliance with federal tax law, and distributing related forms and for auditing all expenses for budgetary adequacy.

Department Heads – for pre-approving travel, monitoring expenses and authorizing reimbursements, and for compliance with this policy according to internal audit procedures established by the department.

City Manager – has discretion in approving travel requests and expenses in order to provide for unusual circumstances. The City Manager is authorized to administer this policy for members of the City of Lakeport City Council, Management, Commissioners and Personnel.

Proclamation
DESIGNATING May 1-7, 2024, as Elks Youth Week in the City of Lakeport WHEREAS, Lakeport Elks Lodge #2704 will sponsor an observance of the national Benevolent and Protective Order of Elks’ Elks Youth Week, May 1-7, 2024, to honor America’s junior citizens for their accomplishments, and to give fitting recognition of their services to community, state, and nation; and WHEREAS, no event could be more deserving of our support and participation than one dedicated to these young people who represent the nation’s greatest resource, and who in the years ahead will assume the responsibility for the advancement of our free society; and
WHEREAS, our youth need the guidance, inspiration and encouragement which only we can give, in cooperation with other local agencies and partners, in order to help develop those qualities of character essential for future leadership roles in our nation and communities; and
WHEREAS, for over 18 years Lakeport Elks Lodge has promoted the annual Elk National Americanism Essay Contest, which is open to all students in the fifth through eighth grades. Last year 150 essays were submitted, with a Lake County student placing Third at the State level finals; and WHEREAS, this year Lakeport Elks had a fun turnout as they participated in the Elks National Hoop Shoot which has been unleashing gritty kids for over 50 years for youth ages 8-13. Hoop Shoot is committed to making contests fully inclusive and safe for all our participants and volunteers; and WHEREAS, Lakeport Elks Lodge #2704 is giving $5500 in scholarships to 5 outstanding seniors from Lake County’s three public high schools this year; and
WHEREAS, The Elks Drug Awareness Program (DAP) has been recognized as the largest all-volunteer drug awareness program in the Unites States. Elks believe that to ensure a bright future for our country, it is essential that our children be raised in a drug-free environment; and WHEREAS, Lakeport Elks Lodge #2704 participates in the Lake County Sheriff’s Activities League, (SAL) which builds relationships between law enforcement and local youth through sporting activities.

NOW, THEREFORE, BE IT PROCLAIMED, that the City Council of the City of Lakeport does hereby designate the week of May 1 -7, 2024, as
Elks Youth Week
in the City of Lakeport and encourages everyone to join in the celebration!.

NATIONAL OSTEOGENESIS IMPERFECTA WEEK IN THE CITY OF LAKEPORT WHEREAS, Osteogenesis Imperfecta (OI) is a genetic disorder characterized by fragile bones that break easily. It is also known as “brittle bone disease.” A person is born with OI and is affected throughout his or her lifetime; AND
WHEREAS, there are different types of OI with a range of severity from mild to life threatening; and WHEREAS, because there is no cure for OI, treatment focuses on minimizing fractures, the surgical correction of deformity, reducing bone fragility, maximizing mobility and independent function; and WHEREAS, increased funding for education and research are needed to help find more effective treatments; and
WHEREAS, the Osteogenesis Imperfecta Foundation is declaring May 4 - 11, 2024 to be National Osteogenesis Imperfecta (OI) Awareness Week, board members, staff, medical professionals, and volunteers are joining together to focus attention on OI in an effort to increase awareness NOW, THEREFORE, BE IT PROCLAIMED, that the City Council of the City of Lakeport does hereby designate the week of May 4 – 11, 2024 as
National Osteogenesis Imperfecta Week
in the City of Lakeport in support of the Osteogenesis Imperfecta Foundation’s efforts to raise awareness of this rare disorder.

I have hereunto set my hand and caused the Seal of the City of Lakeport to be affixed this 7th day of May 2024.
_________________________________
MICHAEL FROIO, Mayor
Proclamation OF THE CITY COUNCIL OF THE CITY OF LAKEPORT To recognize National Police Week 2024 and to honor the service and sacrifice of those law enforcement officers killed in the line of duty while protecting our communities and safeguarding our democracy.

WHEREAS, there are more than 800,000 law enforcement officers serving in communities across the United States, including the dedicated members of the Lakeport Police Department; and WHEREAS, since the first recorded death in 1786, more than 24,067 law enforcement officers in the United States have made the ultimate sacrifice and been killed in the line of duty; WHEREAS, the names of these dedicated public servants are engraved on the walls of the National Law Enforcement Officers Memorial in Washington, DC; and
WHEREAS, 282 new names of fallen heroes are being added to the National Law Enforcement Officers Memorial this spring, including 118 officers killed in 2023, and 164 officers killed in previous years; and WHEREAS, the service and sacrifice of all officers killed in the line of duty will be honored during the National Law Enforcement Officers Memorial Fund’s 36th Annual Candlelight Vigil, on the evening of May 13, 2024; and WHEREAS, the Candlelight Vigil is part of National Police Week, which will be observed this year May 10th – 16th; and WHEREAS, May 15 is designated as Peace Officers Memorial Day, in honor of all fallen officers and their families and U.S. flags should be flown at half-staff;
NOW, THEREFORE, BE IT PROCLAIMED that the City Council of the City of Lakeport does hereby designates May 10- 16, 2024, as
National Police Week
in the City of Lakeport, and publicly salutes the service of law enforcement officers in our community and in communities across the nation.

I have hereunto set my hand and caused the Seal of the City of Lakeport to be affixed this 7th day of May, 2024.
___________________________
MICHAEL FROIO, Mayor
Meeting Date: 05/07/2024 Page 1 Agenda Item # VII.A.1.

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

STAFF REPORT
RE: Comprehensive Retail Recruitment and Development Plan Proposal with The Retail Coach
MEETING DATE: 05/07/2024
SUBMITTED BY: Kevin M. Ingram, City Manager
PURPOSE OF REPORT:  Information only  Discussion  Action Item WHAT IS BEING ASKED OF THE CITY COUNCIL/BOARD:

The City Council is being requested to assess the proposed retail market analysis and recruitment plan provided by The Retail Coach. The City Council is further requested to authorize the City Manager to engage in a 3-year professional service agreement with The Retail Coach, with an annual contract value not to exceed $27,000 annually.

BACKGROUND/DISCUSSION:

In 2019, the City Council enlisted The Retail Coach to aid the City of Lakeport in crafting a retail recruitment and marketing strategy. The aim was to attract new retail development while respecting existing local businesses.

Initially, the contract spanned one year with the option for two 2-year extensions. However, due to the COVID19 pandemic in 2020, which caused a near standstill in the retail industry, the Retail Coach extended the contract by an additional year at a significantly reduced rate.

The City Council is being asked to assess the proposal for renewing the partnership with The Retail Coach for another 3-year term, priced at $27,000 annually. As outlined in the updated proposal (Attachment 1), the partnership aims not only to assist the City in formulating and executing a Retail Market Analysis + Recruitment Strategy, but also to address sales tax leakage and enhance residents’ quality of life by introducing new retail, restaurant, entertainment, and service options.

These objectives are furthered through the following outlined goals and objectives, discussed in further detail within the proposed plan:
• Collaborate with City staff and property owners to actively recruit new businesses to Lakeport. • Provide ongoing support to local businesses in understanding current market trends and seizing new opportunities.
• Regularly engage with the City’s Economic Development team to offer insights on retail expansion, market trends, and site selection process.
• Serve as an extension of City staff to provide guidance on retail economic development initiatives and represent the City at regional/national retail trade industry events. • Continue delivering annual custom retail marketing analysis reports for the Lakeport market area, along with other data support services (e.g., Retail Match List and Mobile Location Data) to assess specific location consumer draw and performance.

Meeting Date: 05/07/2024 Page 2 Agenda Item # VII.A.1.

Representative from The Retail Coach will attend the May 7th City Council meeting to outline the achievements of recent years and delve into their approach and plan for bolstering the Lakeport retail marked in the coming years. This proposal aligns with one of the core goals of the Lakeport Economic Development Strategic Plan core goals: “Expand and support business retention and attraction efforts”.

OPTIONS:

1. Receive update and direct Staff to prepare professional service agreement renewing the contract with The Retail Coach for three years at an annual rate not to exceed $27,000.

2. Take no action.

3. Or alternatively, the Council may provide staff alternative direction.

FISCAL IMPACT:

None $27,000 annually for three years 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: $27,000 currently included in tentative planning for FY 24/25 budget. An additional $27,000 would need to be included in FY 25/26 & FY 26/27 budgets for a total cost of $81,000 over three years.

COUNCIL PRIORITIES:
☐ Priority #1: Public Safety & Crisis Response
☐ Priority #2: Disaster Resiliency
☐ Priority #3: Good Governance & Fiscal Stability
☐ Priority #4: Capital Infrastructure Improvement
☐ Priority #5: Safe, Sustainable & Attractive Neighborhoods ☒ Priority #6: Economic Development
SUGGESTED MOTIONS:

Approve proposed comprehensive retail recruitment and development plan with The Retail Coach and authorize the City Manager to execute a professional services agreement on the City’s standard template with revisions subject to legal approval in the amount not to exceed $81,000.

Attachments: 1. The Retail Coach Retail Recruitment Consulting Services Proposal for the City of Lakeport
PROPOSAL FOR:

THE CITY OF

LAKEPORT,

CALIFORNIA
800.851.0962 TheRetailCoach.net
Austin, Texas
Dallas, Texas
Tupelo, Mississippi
PROPOSAL: RETAIL RECRUITMENT CONSULTANT SERVICES 2
The Retail Coach is submitting this proposal for
Retail Recruitment Consulting for the City of Lakeport, California.

Our goal is not only to aid The City of Lakeport in preparing and executing a Retail Market Analysis + Recruitment Strategy, but to continue assisting the City via long-term partnership and to capture sales tax leakage and further improve quality of life for residents by bringing in new retail, restaurant, entertainment, and service options.

The most important aspect of any Retail Market Analysis is its ultimate application and resulting impacts. Our approach has always been action-oriented to ensure that market reports are not placed on a shelf to collect dust. Working with all project team members, local stakeholders, and public officials is a critical component in which The Retail Coach is experienced and well-equipped to execute.
• Work with City Staff and property owners to continue to proactively recruit new businesses to Lakeport with transparency and dedication to communication.
• Provide feedback on retail expansion, market trends, and the retail site selection process.
• Act as an extension of City staff to provide coaching for retail economic development initiatives, including retail recruitment training. • Represent, prepare, and assist the City of Lakeport at ICSC and other industry events.
• Provide ongoing support for existing, local businesses, including a workshop to share market findings and best practices
Executive Summary:

Retail Recruitment
Goals & Objectives:

PROJECT UNDERSTANDING + PROPOSED APPROACH
PROPOSAL: RETAIL RECRUITMENT CONSULTANT SERVICES 3
Retail Market Analysis
Custom Retail Trade Area Analysis + Mobile Location Data Mobile Location Data has become a powerful tool for retail, restaurant, and entertainment concept site selection processes. We will utilize data to confirm the primary retail trade area, but also to evaluate specific location consumer draw and performance. This can also be helpful for existing businesses to know how they stack up against their competition and to visualize cannibalization.

Demographic + Psychographic Analysis
Our demographic profiles include population and projected population growth, ethnicity, average and median household incomes, median age, households and household growth, and educational attainment.

We will create comprehensive 2020 Census, 2024, and 2029 Demographic Profiles for the Retail Trade Area and Lakeport community.

Corridor / Submarket Analysis
Every community has multiple retail corridors or submarkets. Having a strong understanding of your community’s submarkets and what drives retail in each submarket is vital to overall retail recruitment success. We will focus on key areas of focus for retail growth, development, or redevelopment and analyze existing retail, cannibalization effects of new businesses, and submarket viability in relation to Lakeport as a whole. These areas include:

Downtown Lakeport / Main Street
Vista Point Shopping Center
West Lakeport / HUB Project
11th Street Plaza + Corridor
South Main Street Corridor
Retail GAP + Demand Analyses
One way to quantify its retail demand through a Retail Demand Analysis, which provides a summary of the primary projected retail demand growth — or opportunities — for 68 retail sectors. The analysis is ultimately used to identify recruitment targets for the community. The Retail Coach will also compare the demand to current sales projects to generate a GAP or retail leakage report. This will help identify which sectors are strengths or currently under served by the existing retail market.

SCOPE OF WORK
PROPOSAL: RETAIL RECRUITMENT CONSULTANT SERVICES 4
Retail Recruitment Strategy
Identification of Recruitment Goals
Knowing where you are heading is essential to crafting any road map to success. The Retail Coach will meet with City Staff to create both long-term and short-term goals around retail recruitment. Site visits, meetings at key real estate conventions, and other measurable goals will be set.

Retail Void + Fusion Analysis
Existing retailers and restaurants help set the stage for new business attraction. Understanding where brands have already located and how they choose to co-locate with other concepts is critical to understanding an area's potential and crafting a recruitment narrative. The Retail Coach will execute void analysis and fusion analysis (co-tenant evaluation) to determine potential fits for Lakeport submarkets.

Retail Match List
The Retail Coach will target national and regional retail brands that are a good “fit” for the community.

This means that the Retail Trade Area population, disposable incomes, consumer spending habits, and education levels meet the retailers’ ideal location criteria. We will develop and review a master list of potential retailers with Lakeport staff and work together to prepare a final target list.

Site Identification and Highest + Best Use Analysis
Retailers are interested not only in the market data on your community, but also in evaluating all available property vacancies and sites that fit their location preferences. Successful retail recruitment begins to happen with the introduction of available sites. We will identify priority retail vacancies and development/ redevelopment sites to market, as well as evaluate their highest and best use.

SCOPE OF WORK
PROPOSAL: RETAIL RECRUITMENT CONSULTANT SERVICES 5
Marketing + Recruitment
Recruitment of Retailers
The Retail Coach is the first national retail recruitment firm to introduce retailer and developer recruitment specifically for communities. Twenty-four years and 850 projects later, the recruitment of retailers remains one of the primary metrics of success. Today, our experience has proven that a community must move beyond just gathering data sets, and proactively recruit retail.

We will actively recruit retailers on Lakeport’s behalf. Our retailer recruitment process includes:

1. Introductory emails and retail market profile are sent to each targeted retailer

2. Personal phone calls are placed to measure interest level

3. Personal emails and retailer feasibility packages are sent to each targeted retailer

4. Personal emails and retail site profiles for prime vacancies are sent to targeted retailers

5. Personal emails are sent to inform targeted retailers of significant market changes

6. Personal emails are sent to decision markers once per quarter to continue seeking responses regarding their interest level in the community

7. A retailer status report is provided with each retailer’s complete contact information and comments resulting from recruitment activities
Commercial Real Estate Conference Representation
Recruitment is a relationships business, and retail conferences are essential to getting in front of and forging relationships with key site selectors and decision holders. Having a prominent presence at ICSC and Retail LIVE events has been a staple for The Retail Coach for over 20 years. In our partnership with the City, we will assist in marketing Lakeport - and its vacancies and site - to retailers, developers, and brokers at retail industry conferences. For any Lakeport Staff attending, TRC will assist with conference planning and setting appointments.

Key Events: ICSC Las Vegas, ICSC Monterey, ICSC Western; Retail LIVE! Recruitment Toolkit + Support
Having effective marketing material is essential. The Retail Coach will prepare concise, impactful deliverables that properly illustrate the potential in Lakeport that staff can use to assist ongoing recruitment efforts, including out Retail360 Online Dashboard.

Retail Recruitment Tracking Process
To ensure transparency, The Retail Coach will provide a Live Retail Tracking form for City staff to access 24/7 to report the status of ongoing recruitment discussions, points of contact (along with contact information), deliverables, and overall project progress.

SCOPE OF WORK
PROPOSAL: RETAIL RECRUITMENT CONSULTANT SERVICES 6
Coaching + Ongoing Support
Local Business Workshop
The healthiest retail markets have a strong presence of national, retail, and local businesses with a strong downtown core. In addition to targeting chain brands, The Retail Coach will host a workshop and be available for local and existing businesses to share market findings, best practices, and exchange ideas to ensure the local market is poised for success.

Existing Business Retention & Expansion Toolkit
Local, existing businesses are key to the long term economic viability of Lakeport, so supporting these enterprises is critical. The Retail Coach will provide data reports and resources to assist the City with the development of a Toolkit to support existing businesses capitalize on the retail and restaurant opportunities in Lakeport.

Franchise Business Workshop + Toolkit
As a smaller community, Lakeport’s development potential is linked to franchise and entrepreneurial opportunities. Brands may have a desire to be in the market, but lack an owner/operator in the area to lead a project. The Retail Coach will host a workshop and provide resources/guidance for individuals looking for information on the types of opportunities in Lakeport and how to get started.

Monthly Update Calls
To keep clear and open lines of communication, The Retail Coach will set monthly Zoom meetings with City staff to discuss updates, retailer feedback, and strategy. Additionally, our team is always available on demand to brainstorm, connect with personnel, or otherwise be a resource to City staff.

Visible Presence
Being a part of your team means being seen. The Retail Coach will make at least two trips to Lakeport during the 12 month engagement to meet with city staff, prospective retail site selectors, developers, local property owners, and to host workshops for stakeholders.

Data Access
The Retail Coach implements a number of data sources and providers into our recruitment strategy. A such, our clients can gain unlimited access to GIS and data reports from the following: Claritas; ESRI ArcGIS & Business Analyst; AGS & Inrex via SitesUSA; Retail Lease Trac; CoStar/LoopNet; Seamless; Unacast, Advan, & OIvin Via AlphaMap; BLS; Census Bureau; and State DOTs.

The Retail Coach will also provide annual data updates to market reports during the project, as they become available.

SCOPE OF WORK
PROPOSAL: RETAIL RECRUITMENT CONSULTANT SERVICES 7
Deliverables & Pricing
Terms (12-month Agreement) :

The total fee for completion of this work is $24,000 payable in two (2) installments:
• $12,000 upon execution of contract;
• $12,000 at 180 days following execution of contract
If Lakeport elects to extend the agreement, the additional fee shall be $24,000 for each additional 12 month period of data updates, recruitment, and coaching.

Reimbursable Project Expenses:

It is estimated that reimbursable expenses will not exceed $3,000. Reimbursable expenses include all travel costs; any costs associated with special renderings / maps; copies of reports, drawings, maps; and any shipping costs. Costs are billed as incurred. $24,000
Plus up to $3,000 in
reimbursable expenses.

Not to Exceed Price:
$27,000
Retail Market Analysis
Retail Recruitment Strategy
Marketing + Recruitment
Coaching + Ongoing Support
Mobile Location Data Analysis
Custom Retail Trade Area
Submarket Analysis
Demographic / Population Profile
Psychographic Profile
Retail Demand + GAP Analysis
Existing Retailer Map
Retail Void Analysis
Retail Fusion Analysis
Retail Match List
Retail Site Identification and
Highest + Best Use Analysis
Proactive Retail Recruitment
National + Regional Retail Conference
Representation
Retail Marketing Profiles
Retail:360® Dashboard
Retailer-Specific Feasibility Packages
Monthly Update Conference Calls
Retail Recruitment Tracking Form
Two Trips to Market by TRC Staff
Local Business Workshop
Unlimited Access to TRC Staff
Other Reports as needed
PROPOSAL COST + TIMELINE
800.851.0962 TheRetailCoach.net
Austin, Texas
Dallas, Texas
Tupelo, Mississippi
Contact:

CHARLES PARKER
Project Director
c: 662.231.9078
e:[email protected]
Meeting Date: 05/07/2024 Page 1 Agenda Item # VII.B.1.

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: School Resource Officer Memorandum of Understanding MEETING DATE: 05/07/2024 SUBMITTED BY: Brad Rasmussen, Chief of Police
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 a Memorandum of Understanding (MOU) between the Lakeport Unified School District (LUSD) and the City of Lakeport Police Department (LPD) for the services of a School Resource Police Officer (SRO) from August of 2024 through June of 2026. The MOU will be managed jointly by the school and police administrations.

BACKGROUND/DISCUSSION:

LUSD and the City of Lakeport have been operating under similar MOUs since the start of the 2016/2017 Fiscal Year. Both the LUSD and the LPD have found the SRO position to be beneficial to all parties.

Since 2016 the City of Lakeport and Lakeport Unified School District have worked together to budget a SRO position and share costs appropriately. This year the school superintendent and the chief of police recommended a two-year agreement.

This MOU was presented to the LUSD Board of Trustees on April 10th, 2024, was approved and has been signed by their superintendent.

OPTIONS:

1. Accept and approve MOU and direct staff to sign.

2. Do not accept or approve MOU.

3. Return to staff for additional comments/information.

FISCAL IMPACT:

None X $25,000.00 per year Budgeted Item? X Yes No
Budget Adjustment Needed? Yes X No If yes, amount of appropriation increase: $ Affected fund(s): General Fund Water OM Fund Sewer OM Fund Other:

Comments: To be approved in upcoming 2024/2025 and 2025/2026 budgets.

Meeting Date: 05/07/2024 Page 2 Agenda Item # VII.B.1.

COUNCIL PRIORITIES:
☒ Priority #1: Public Safety & Crisis Response
☐ Priority #2: Disaster Resiliency
☐ Priority #3: Good Governance & Fiscal Stability
☐ Priority #4: Capital Infrastructure Improvement
☐ Priority #5: Safe, Sustainable & Attractive Neighborhoods ☐ Priority #6: Economic Development
SUGGESTED MOTIONS:

I move to approve the Memorandum of Understanding between the Lakeport Unified School District and the City of Lakeport Police Department for the services of a School Resource Officer for Fiscal Years 2024/2025 & 2025/2026 and direct the City Manager to sign.

Attachments: 1. SRO MOU

Meeting Date: 05/07/2024 Page 1 Agenda Item # VII.C.1.
356337.2

CITY OF LAKEPORT
City Council ☒
City of Lakeport Municipal Sewer District ☐
Lakeport Industrial Development Authority ☐
Municipal Financing Agency of Lakeport ☐

STAFF REPORT
RE: Reimbursement Agreement with Lakeport Fire Protection District
MEETING DATE: 05/07/2024
SUBMITTED BY: Ron Ladd, Public Works Director
PURPOSE OF REPORT: ☐Information only ☐ Discussion ☒Action Item WHAT IS BEING ASKED OF THE CITY COUNCIL/BOARD:

Authorize the City Manager to enter into a Reimbursement Agreement with the Lakeport Fire Protection District under the terms outlined below.

BACKGROUND:

The current parking located on the west side of the fire station is in need of significant repairs. The deteriorating condition of the parking lot poses safety hazards and accessibility issues for both emergency responders and visitors to the fire station. The proposed parking lot rehabilitation project aims to address these concerns by providing a safe and functional parking area that meets the needs of the Lakeport Fire Protection District and the community at large.

DISCUSSION:

The Lakeport Fire Protection District, located at 445 N. Main St, Lakeport, CA 95453 ("Fire District"), has expressed willingness to reimburse the City for 100% of the total costs incurred for the design and construction of the Project. The reason for the agreement is that the Fire District needs our assistance in managing the contract and ensuring compliance with State and Federal regulations for a public project. We have thoroughly reviewed three proposals from qualified firms, within our on-call engineering pool, for the design of Parking Lot Rehabilitation Project:

1. Brelje & Race: Their proposal, coming in at $89,250.00, is the lowest bid. Brelje & Race have demonstrated their capability to undertake similar projects effectively.

2. EBA Engineering: EBA Engineering submitted a proposal amounting to $106,400.00. While their bid is higher than Brelje & Race, they are a reputable firm with expertise in such projects.

3. RSA Engineering: RSA Engineering proposed a bid of $118,955.00. Although their bid is the highest among the three, they are equally qualified and have a track record of successful project completions.

If the Council approves the reimbursement agreement with the District, a task order will be issued to Brelje & Race.

Meeting Date: 05/07/2024 Page 2 Agenda Item # VII.C.1.
356337.2
Terms of the Reimbursement Agreement:

1. Reimbursement: The Fire District agrees to reimburse the City for 100% of the total costs incurred for the design and construction of the Project, including but not limited to the costs of overseeing the competitive bidding procedures, contract administration, project management, inspections, and the like.

2. Approval of Contract Amounts: The Fire District will approve all maximum amounts set forth in all contracts for the design and construction of the Project before the City executes any agreements with consultants and contractors.

3. Submission of Reimbursement Request: The City shall submit a reimbursement request to the Fire District within 30 days after the completion of each phase of the Project. The reimbursement request shall include documentation of the actual costs incurred by the City for the design and construction of the Project.

4. Payment: Upon receipt of the reimbursement request, the Fire District agrees to make payment to the City within 30 days. If the Fire Dispute disputed any costs included in a reimbursement request, the City and Fire District will meet and confer in good faith to resolve the dispute.

5. Indemnification: The Fire District will indemnify, defend, and hold the City harmless against any claims arising from the bid procedures, design, and/or construction of the Project.

ENVIRONMENTAL COMPLIANCE:

OPTIONS:

1. Authorize the City Manager to enter into a Reimbursement Agreement with the Lakeport Fire Protection District

2. Provide alternative direction to staff.

Comments:

COUNCIL PRIORITIES:
☒ Priority #1: Public Safety & Crisis Response
☐ Priority #2: Disaster Resiliency
☐ Priority #3: Good Governance & Fiscal Stability
☐ Priority #4: Capital Infrastructure Improvement
☒ Priority #5: Safe, Sustainable & Attractive Neighborhoods ☐ Priority #6: Economic Development
SUGGESTED MOTIONS:

Meeting Date: 05/07/2024 Page 3 Agenda Item # VII.C.1.
356337.2
Move to authorize the City Manager to enter into a Reimbursement Agreement with the Lakeport Fire Protection District for the parking lot rehabilitation project in a form substantially similar to the attached. ☒ Attachments: 1. Reimbursement Agreement
225 PARK STREET - LAKEPORT, CALIFORNIA 95453 - TELEPHONE (707) 263-5615 - FAX (707) 263-8584 356305.3

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

REIMBURSEMENT AGREEMENT
This Reimbursement Agreement (the "Agreement") is entered into on [Date] (the “Effective Date”), by and between the City of Lakeport, a California municipal corporation located at 225 Park St, Lakeport, CA 95453 (the "City"), and Lakeport Fire Protection District, a California special district located at 445 N.

Main St, Lakeport, CA 95453 (the "Fire District").

RECITALS
WHEREAS, the City is the owner of that certain real property located at 445 N.

Main St., Lakeport, CA 95453 (the “Property”), which is currently leased and occupied by District pursuant to that certain Agreement for Annexation of the City of Lakeport Fire Department by Lakeport Fire Protection District, entered into January 26, 2004 and amended November 15, 2005 and August 9, 2006 (the “Annexation Agreement”); and
WHEREAS, the City and Fire District desire to undertake the design and construction of a parking lot rehabilitation project at the Property (the "Project"); and
WHEREAS, the City intends to engage qualified consultants and contractors for the design and construction of the Project following public bidding procedures; and
WHEREAS, the Fire District agrees to provide reimbursement to the City for 100% of the total costs incurred by the City for the Project, including but not limited to the costs of preparing bid documents, contract administration, construction management, inspections and surveys, and the overall design, construction, and installation of the Project.

NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties agree as follows:
225 PARK STREET - LAKEPORT, CALIFORNIA 95453 - TELEPHONE (707) 263-5615 - FAX (707) 263-8584 356305.3

AGREEMENT

1. Recitals. The above recitals are true and correct and are incorporated herein by this reference.

2. Term. The term of this Agreement shall commence on the Effective Date and shall terminate upon completion of the Project and Reimbursement by the Fire District.

3. Reimbursement. The Fire District agrees to reimburse the City for 100% of the total costs incurred by the City in the administration and completion of the Project, including but not limited to, the actual costs to design and construct the Project; prepare bid documents; award the contract in accordance with public bidding procedures; review Project plans and technical specifications; oversee construction and provide Project management and contract administration for the Project; inspect, test, and survey construction; coordinate communications and meetings with Project contractors; and provide traffic control as necessary.

4. Approval of Maximum Amounts. Prior to executing any agreements with consultants and/or contractors for the design or construction of the Project, including any change orders for extra work performed on the Project, the City shall obtain written approval from the Fire District for all maximum amounts, which approval shall not be unreasonably withheld or delayed.

5. Reimbursement Procedures.
a. Submission of Reimbursement Request. The City shall submit an invoice to the Fire District within 30 days after the completion of each phase of the Project (a “Reimbursement Request”). A Reimbursement Request shall detail the work performed and charges incurred for such work and include documentation of the actual costs incurred by the City.
b. Payment. The Fire District shall pay the City within 30 days of receipt of a Reimbursement Request.
c. Disputes. If a Reimbursement Request contains any specific amounts or charges that the Fire District believes may be questionable and/or incorrect, the Fire District shall pay the amount due under protest and notify the City of the disputed amounts or charges no later than 30 days following receipt of a Reimbursement Request. Failure to comply with the aforementioned notice procedure within 30 days will result in the Reimbursement Request being deemed undisputed. The parties agree to meet and confer in good faith to resolve any disputed amounts or charges contained in a Reimbursement Request.
225 PARK STREET - LAKEPORT, CALIFORNIA 95453 - TELEPHONE (707) 263-5615 - FAX (707) 263-8584 356305.3
d. Audits. The Fire District shall have the right to audit the City's records related to the costs incurred for the Project to verify the accuracy of Reimbursement Requests.

6. Ownership and Maintenance. Nothing in this Agreement shall supersede the provisions governing ownership and maintenance of the Property as set forth in the Annexation Agreement.

7. Insurance. The parties hereby warrant and represent that each possesses sufficient insurance or self-insurance for the potential risks and liabilities it undertakes pursuant to this Agreement. The insurance obligation set forth in this Section 7 shall survive termination of this Agreement.

8. Indemnification.
a. Definitions. For purposes of this Section 8, “Fire District” shall include the Fire District, its officers, employees, servants, agents, or consultants, or anyone directly or indirectly employed by either the Fire District or its consultants, in the performance of this Agreement. “City” shall include the City, its councilmembers, officers, agents, employees, and volunteers.
b. Duty to Indemnify. To the fullest extent permitted by law, the Fire District shall indemnify, hold harmless, and defend, with counsel satisfactory to the City, the City from and against any and all claims, losses, liability, costs or expenses arising out of, in connection with, or in any way arising out of, in whole or in part, the Project, including but not limited to bidding procedures, design, and/or construction of the Project pursuant to this Agreement.

Notwithstanding the foregoing, the Fire District shall not be required to indemnify the City for such loss or damage as is caused by the sole active negligence or willful misconduct of the City. The City’s right to indemnity under this Agreement shall arise immediately upon the occurrence of the event giving rise to the indemnified liability. The City shall be entitled to a defense under this Agreement immediately upon the institution of a claim or action that is covered by this indemnity, even though liability for said claim or action has not yet been determined at the time the duty to defend the City hereunder has arisen.
c. Attorneys’ Fees. Such costs and expenses shall include reasonable attorneys’ fees for counsel of City’s choice, expert fees, and all other costs and fees of litigation. The Fire District shall not be entitled to any refund of attorneys’ fees, defense costs or expenses in the event that it is adjudicated to have been nonnegligent. Attorneys’ fees and litigation expenses incurred in any action brought to enforce the indemnification provision set forth herein shall be recoverable by the prevailing party.
225 PARK STREET - LAKEPORT, CALIFORNIA 95453 - TELEPHONE (707) 263-5615 - FAX (707) 263-8584 356305.3
d. Insurance Not a Substitute. The indemnification obligations set forth in this Section 8 apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense.
e. Survival. The indemnification obligations set forth in this Section 8 shall survive termination of this Agreement.

9. 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 the City’s and the Fire District’s 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); or (iii) the day of delivery if emailed to the email address listed below and simultaneously deposited in the U.S. mail, postage prepaid, to the address(es) listed below (or to such other addresses as the parties may, from time to time, designate in writing).

If to Fire District:
[insert]
If to City:

Kevin Ingram
City Manager
City of Lakeport
225 Park St.

Lakeport, CA 95453

10.Excused Failure to Perform. The City shall not be liable for any failure to perform due to causes beyond the control and without the fault or negligence of the City, and the Fire District agrees to reimburse the City in full for any and all actual costs incurred regardless of such failure to perform.

11.Termination. This Agreement shall terminate upon completion of the Project and final payment by the Fire District of all reimbursable costs incurred by the City.

12.Integration of Exhibits. All documents referenced as exhibits in this Agreement are hereby incorporated into this Agreement. In the event of any material discrepancy between the express provisions of this Agreement and the provisions of any document incorporated herein by reference, the provisions of this Agreement shall prevail. This instrument contains the entire Agreement between the City and Fire District with 225 PARK STREET - LAKEPORT, CALIFORNIA 95453 - TELEPHONE (707) 263-5615 - FAX (707) 263-8584 356305.3
respect to the transactions contemplated herein. No other prior oral or written agreements are binding upon the parties. Amendments hereto or deviations here from shall be effective and binding only if made in writing and executed on by the City and Fire District.

13.Third Party Beneficiaries. This Agreement shall not inure to the benefit of or create any rights in any third party not a signatory hereto.

14.Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California.

15.Attorney’s Fees. In the event of any controversy, claim, or dispute relating to this Agreement, or the breach thereof, the prevailing party shall be entitled to have and recover from the other party all costs and expenses, including but not limited to attorneys’ fees, incurred in such proceedings and in the collection of any judgment rendered as a result of such proceedings.

16.Venue. The venue for any litigation shall be in the Superior Court of California for the County of Siskiyou and the parties hereby consents to jurisdiction in that court for purposes of resolving any dispute or enforcing any obligation arising under this Agreement.

17.Time of the Essence. Time is of the essence for each and every provision of this Agreement.

18.Waiver. No provision, covenant, or condition of this Agreement shall be deemed to have been waived by the City or the Fire District unless in writing signed by one authorized to bind the party asserted to have consented to the waiver. The waiver by the City or the Fire District of any breach of any provision, covenant, or condition of this Agreement shall not be deemed to be a waiver of any subsequent breach of the same or any other provision, covenant, or condition.

19.Remedies Non-Exclusive. 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.

20.No Presumption Against Drafter. Each party had an opportunity to consult with an attorney in reviewing and drafting this agreement. Any 225 PARK STREET - LAKEPORT, CALIFORNIA 95453 - TELEPHONE (707) 263-5615 - FAX (707) 263-8584 356305.3
uncertainty or ambiguity shall not be construed for or against any party based on attribution of drafting.

21.Severability. 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 shall be enforceable in its amended form. 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, and each term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law.

22.Counterparts/Electronic Signatures. This Agreement may be executed in several counterparts and, as executed, shall constitute one agreement which shall be binding upon all the parties hereto, notwithstanding that all of the parties may not be signatory to the original or to the same counterpart. Any signature on this Agreement transmitted electronically via facsimile or electronic mail shall have the full force and binding effect under the law as would an original signature.

23.Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings, whether written or oral, relating to such subject matter.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written.
“City”
City of Lakeport
By:________________________________
Signature
Printed:_____________________________
Title:_______________________________
Date:______________________
“Fire District”
Lakeport Fire Protection District
By:________________________________
Signature
Printed:_____________________________
Title:_______________________________
Date:______________________
Meeting Date: 05/07/2024 Page 1 Agenda Item # VII.C.2.
339789.1

CITY OF LAKEPORT
City Council ☒
City of Lakeport Municipal Sewer District ☐
Lakeport Industrial Development Authority ☐
Municipal Financing Agency of Lakeport ☐

STAFF REPORT
RE: Acquisition of Right of Way and Public Utility Easement MEETING DATE: 05/07/2024 SUBMITTED BY: Ron Ladd, 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 approve a resolution for the acquisition of the right of way and the Public Utility Easement (PUE) from a private property owner located at Lupyoma St. and South Main St., APN 025-531-32.

BACKGROUND: The City of Lakeport has been actively working towards enhancing pedestrian infrastructure and safety within the community. One of the critical projects in this endeavor is the South Main St. sidewalk project, which aims to improve pedestrian access and safety along this corridor. To proceed with the project and accommodate necessary utilities, it is imperative to secure both the right of way and the Public Utility Easement (PUE) from a private property owner located at Lupyoma St. and South Main St., APN 025-531-32.

DISCUSSION:

The South Main St. sidewalk project is part of the city's ongoing efforts to improve pedestrian amenities and safety. It involves the construction of sidewalks along South Main St. to enhance pedestrian access and connectivity in the area. The acquisition of the right of way and the Public Utility Easement will enable the city to advance the South Main St. sidewalk project, ultimately improving pedestrian safety and accessibility along this corridor.

ENVIRONMENTAL COMPLIANCE:

May 2023 Approval of the environmental document
OPTIONS:

1. Adopt the Resolution.

2. Provide staff with alternative 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: CDBG Grant and PI Comments:

Meeting Date: 05/07/2024 Page 2 Agenda Item # VII.C.2.
339789.1
COUNCIL PRIORITIES:
☐ Priority #1: Public Safety & Crisis Response
☐ Priority #2: Disaster Resiliency
☐ Priority #3: Good Governance & Fiscal Stability
☒ Priority #4: Capital Infrastructure Improvement
☒ Priority #5: Safe, Sustainable & Attractive Neighborhoods ☐ Priority #6: Economic Development
SUGGESTED MOTIONS:

Adopt the attached resolution to accept the donation of the fee and Public Utility Easement property and authorize the City Manager to negotiate and execute the Donation Agreement with Jennifer Willkomm and to take all necessary and appropriate actions to implement the resolution. ☒ Attachments: 1. Map indicating the location of the right of way and Public Utility Easement

2. Legal description of the right of way and Public Utility Easement

3. Resolution

356252.2

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKEPORT

ACCEPTING A DONATION OF REAL PROPERTY

FROM JENNIFER WILLKOMM AND

AUTHORIZING CITY MANAGER TO TAKE CERTAIN ACTIONS
WHEREAS, the City of Lakeport desires to enhance the pedestrian infrastructure and safety within the community and is committed to the development and improvement of pedestrian amenities throughout the City; and
WHEREAS, the City now wishes to proceed with the construction of the South Main St.

Sidewalk Project (“Project”); and
WHEREAS, the Project is a street widening and alignment project of a minor nature, and therefore no general plan consistency finding is required under Government Code section 65402, subdivision (a); and
WHEREAS, Jennifer Willkomm, an individual, wishes to donate certain real property in fee and a Public Utility Easement located on the corner of at Lupyoma St. and South Main Street (Portions of APN 025-531-32) to the City of Lakeport for purposes of constructing the Project, and
WHEREAS, the City of Lakeport and Jennifer Willkomm wish to enter into a Donation Agreement to effectuate the donation to the City; and
WHEREAS, the City of Lakeport is authorized to accept such a conveyance under Government Code section 37350;

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

1. The City Manager is directed to negotiate and enter into a donation agreement with Jennifer Willkomm for the donation of the fee and Public Utility Easement property (Portions of APN 025-531-32) needed for construction of the Project.

2. The City Council hereby accepts the donation of the fee and Public Utility Easement property (Portions of APN 025-531-32) needed for construction of the Project. 356252.2

3. The City Council hereby authorizes the City Manager to execute and record Certificate of Acceptance for donation of the fee and Public Utility Easement property (Portions of APN 025-531-32).

4. The City Council further authorizes and directs the City Manage to take all necessary and appropriate actions to implement this Resolution, including executing any documents and agreements required to effectuate the transfer of the fee and Public Utility Easement property (Portions of APN 025-531-32) needed for construction of the Project.

The foregoing Resolution was adopted at a regular meeting of the City Council of the held on the ____ day of __________, 2024 by the following vote:

AYES:

NOS:

ABSTAIN:

ABSENT:

APPROVED:
___________________________________
Michael Froio, Mayor
City of Lakeport
ATTEST:
____________________________________________-
Kelly Buendia, City Clerk
City of Lakeport

Lakeport City CouncilMay 7, 2024

Lakeport City Council
May 7, 2024