Agenda packet — Lakeport City Council, August 6, 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, August 6, 2024 6:00 p.m.

City Council Chambers, 225 Park Street, Lakeport, California 95453 See Teleconferencing Instructions Below
City Council Agenda of August 6, 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, August 6, 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 regular meeting of July 16, 2024.

C. Application 2024-028: Approve application 2024-027, with staff recommendations, for the Sponsoring Survivorship Fun Walk-Run.

D. Military Equipment Use Policy: Approve the Military Equipment Use Policy for FY 2024-2025.

E. Measure Z Advisory Committee
(MZAC):

Receive and file the draft minutes of the July 17, 2024, MZAC meeting.

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. Proclamation: Proclamation honoring Chief Rasmussen on his retirement from the City.

C. Oath of Office: Administer Oath of Office to incoming Police Chief Stoebe.

VI. PUBLIC HEARINGS:

A. Lot Line Adjustment Ordinance: Adopt the ordinance of the City Council amending the City of Lakeport Sections

16.04.020 of Chapter 16.04 and Sections 16.23.030, 16.23.040 & 16.23.060 of Chapter

16.23 of Title 16 of the Lakeport Municipal Code creating a ministerial approval process for lot line adjustments.

B. Delinquent Utilities Adopt the resolution to confirm and approve the utility billing delinquency list and the associated resolution and direct staff to submit the list to the County AuditorController for inclusion on the property tax roll.

City Council Agenda of August 6, 2024 Page 3
VII. COUNCIL BUSINESS:

A. Public Works Director

1. Contract Award: Approve the plans, specifications, and working details, and award a construction contract to Granite Construction Company for the South Main Street Pavement Maintenance Project and authorize the City Manager to execute the construction contract for the bid amount of $1,105,885.25.

B. City Manager

1. Voting Delegates: Nominate voting delegates for the League of California Cities Annual Conference to be held October 16-18, 2024.

VIII. CITY COUNCIL COMMUNICATIONS:

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

IX. CLOSED SESSION: 1. Conference with Legal Counsel; Existing Litigation (Gov. Code § 54956.9(d)(1))
The City Council finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the local agency in the litigation.

City of Lakeport et al. v. Amerisourcebergen Drug Corporation et al. (NDO MDL 1:20-op-45242-DAP)

2. Conference with Labor Negotiator
(Gov. Code § 54957.6)
Name of Agency Negotiators: Administrative Services Director Buendia and Margaret Long
Employee Organization: Lakeport Employees Association

3. Conference with Labor Negotiator
(Gov. Code § 54957.6)
Name of Agency Negotiators: Administrative Services Director Buendia and Margaret Long
Employee Organization: Unrepresented Management
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 July 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, July 16, 2024, 6:00 p.m.

I. CALL TO ORDER & ROLL CALL: Mayor Froio called the meeting to order at 6:00 p.m., with Mayor Froio, Council Members Costa, Disney, Mattina, and Parlet present.

MOMENT OF SILENCE
Mayor Froio led a moment of silence for two City of Vacaville employees that lost their lives in the last week.

II. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Ken Shaw.

III. ACCEPTANCE OF AGENDA/ URGENCY
ITEMS:

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

V. CONSENT AGENDA: The following Consent Agenda items are expected to be routine and noncontroversial. They will be acted upon by the Council at one time without any discussion. Any Council Member may request that any item be removed from the Consent Agenda for discussion under the regular Agenda. Removed items will be considered following the Consent Calendar portion of this agenda.

A. Ordinances: Waive reading except by title, of any ordinances under consideration at this meeting for either introduction or passage per Government Code Section 36934.

B. Minutes: Approve minutes of the City Council regular meeting of July 2, 2024.

C. Application 2024-028: Approve application 2024-028, with staff recommendations, for the Lake County Wine Association’s Wine Festival and BBQ.

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

V. PUBLIC PRESENTATIONS/REQUESTS:

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

B. Presentation: A presentation was given by Ken Shaw, Representative of Vet Connect, a group formed to assist Veterans in locating various available services.

C. Presentation: Brian Fisher gave a presentation of the Visit Lake County CA Annual Report.

VI. PUBLIC HEARINGS:

VII. COUNCIL BUSINESS:

A. Administrative Services Director
City Council Minutes of July 16, 2024 Page 3

1. Contract Award: The staff report was presented by Administrative Services Director Buendia.

A motion was made by Council Member Disney, seconded by Council Member Mattina, and unanimously carried by voice vote 5-0-0-0 to authorize the City Manager to enter into an agreement with Tripepi Smith for the provision of communications and social media services as outlined in their revised proposal dated 6/21/2024, with a total budget not to exceed $35,000.

B. Community Development Director

1. Ordinance Introduction: The staff report was presented by Community Development Director Hejnowicz and Associate Planner Fernandez.

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 an ordinance of the City Council amending the City of Lakeport Sections 16.04.020 of Chapter 16.04 and Sections 16.23.030, 16.23.040 & 16.23.060 of Chapter 16.23 of Title 16 of the Lakeport Municipal Code creating a ministerial approval process for lot line adjustments and set a public hearing for August 6, 2024.

C. Utilities Director

1. Drought Response: The staff report was presented by Utilities Director Harris.

A motion was made by Council Member Mattina, seconded by Council Member Parlet, and unanimously carried by voice vote 5-0-0-0 to adopt a Drought Response Plan.

VIII. CITY COUNCIL COMMUNICATIONS:

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

City Attorney Ruderman had no report.

City Manager Ingram gave an update on the weed abatement program. He also gave an update on the sprinkler issues at Xabatin Park.

He also advised that he will be out of the office this week and next, Chief Rasmussen will be Acting City Manager this week, and Assistant City Manager Walker will be Acting City Manager next week.

Chief Rasmussen thanked the City Manager and Mayor for cooking for the law enforcement officers working the July Fourth event. He also advised that the crowd at Xabatin were well behaved, and he credited that to the alcohol ban in the park.

Public Works Director Ladd
Community Development Director Hejnowicz had no report.

Administrative Services Director Buendia had no report but bragged about her new grandbaby.

Assistant City Manager Walker had no report.

Utilities Director Harris had no report.

Council Member Parlet no report.

Council Member Costa advised that she will be sitting in for Council Member Disney at the Clean Water Committee.

Council Member Disney advised that the LFPD is moving forward with environmental testing of both Larracou property and the Fire Station property.

City Council Minutes of July 16, 2024 Page 4
Council Member Mattina reported that LAFCo is meeting Wednesday.

Mayor Froio expressed his concern about minors stealing alcohol from Safeway.

IX. CLOSED SESSION: Mayor Froio adjourned the meeting to closed session at 7:41 p.m., to discuss:

1. Conference with Legal Counsel; Existing Litigation (Gov. Code § 54956.9(d)(1))
The City Council finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the local agency in the litigation.

City of Lakeport et al. v. Amerisourcebergen Drug Corporation et al. (NDO MDL 1:20-op-45242-DAP)

2. Conference with Labor Negotiator
(Gov. Code § 54957.6)
Name of Agency Negotiators: Administrative Services Director Buendia and Margaret Long
Employee Organization: Lakeport Employees Association
Report Out of Closed Session: Mayor Froio adjourned the meeting out of closed session at 8:41 p.m., with no reportable action.

ADJOURNMENT: Mayor Froio adjourned the meeting at 8:41 p.m. _______________________________________
Michael Froio, Mayor
Attest:
__________________________________
Kelly Buendia, City Clerk

RE: Application 2024-027 - Sponsoring Survivorship Walk/Run Lori Price <[email protected]>
Mon 7/15/2024 9:26 AM
To:Hilary Britton <[email protected]>
Good morning,
Thank you for the opportunity to review this application. Upon review, it appears that this event will require a property usage permit with the County of Lake. My records show that they did not obtain on last year but have done so in years past. Please consider adding this as a condition for your permit.

Sincerely,
Lori Price
Staff Services Analyst
Lake County Department of Public Works
255 N. Forbes Street, Rm 309
Lakeport, CA 95453
(707) 263-2341
[email protected]
From: Hilary Britton <[email protected]>
Sent: Monday, July 15, 2024 8:59 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]>; Ky Ramsey <[email protected]> Subject: [EXTERNAL] Application 2024-027 - Sponsoring Survivorship Walk/Run Hi all,
Please find attached application 2024-027 for the annual Sponsoring Survivorship Walk/Run for your review and comments.

We would like to submit this for City Council approval at the 08/06/2024 Council meeting, so please have your comments back to me by 08/01/2024.

Thank you for your input!
Hilary Britton
Deputy City Clerk/Records Supervisor
City of Lakeport
225 Park Street
FW: Application 2024-027 - Sponsoring Survivorship Walk/Run Lake County Sheriff - Records <[email protected]> Fri 7/19/2024 4:46 PM
To:Hilary Britton <[email protected]>
From: Richard Ward <[email protected]>
Sent: Friday, July 19, 2024 3:47 PM
To: Lake County Sheriff - Records <[email protected]> Subject: RE: Application 2024-027 - Sponsoring Survivorship Walk/Run No concerns from the Sherriff’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: Friday, July 19, 2024 3:26 PM
To: Richard Ward <[email protected]>
Subject: FW: Application 2024-027 - Sponsoring Survivorship Walk/Run Sierra Baker
Records Technician
www.lakesheriff.com P: 707-262-4200
1220 Martin St F:707-262-4204
Lakeport, CA 95453 Dispatch: 707-263-2690
From: Hilary Britton <[email protected]>
Sent: Monday, July 15, 2024 8:59 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]>; Ky Ramsey <[email protected]> Subject: [EXTERNAL] Application 2024-027 - Sponsoring Survivorship Walk/Run Hi all,
Please find attached application 2024-027 for the annual Sponsoring Survivorship Walk/Run for your review and comments.

We would like to submit this for City Council approval at the 08/06/2024 Council meeting, so please have your comments back to me by 08/01/2024.

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 2024-027 - Sponsoring Survivorship Walk/Run Dale Stoebe <[email protected]>
Fri 7/26/2024 12:20 PM
To:Hilary Britton <[email protected]>
Police Department has no issues with this event assuming no significant changes from previous events relative to signage, directions and instructions to participants. If the Event Coordinator has digital messaging, we would like to push it out to advise Community drivers of the Event.

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: Monday, July 15, 2024 8:59 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]>; Ky Ramsey <[email protected]> Subject: Application 2024-027 - Sponsoring Survivorship Walk/Run Hi all,
Please find attached application 2024-027 for the annual Sponsoring Survivorship Walk/Run for your review and comments.

We would like to submit this for City Council approval at the 08/06/2024 Council meeting, so please have your comments back to me by 08/01/2024.

Thank you for your input!
Hilary Britton
Deputy City Clerk/Records Supervisor
City of Lakeport
Brad Rasmussen
Chief of Police
368558.2

MEMORANDUM
Lakeport Police Department
2025 South Main Street
Lakeport, CA 95453
(707) 263-5491
To: Chief of Police Brad Rasmussen
From: Captain Dale Stoebe
Date: June 30, 2024
Subject: 2023-2024 Military Equipment Report – AB481
In compliance with Government Code Section 7072(a), I offer the following as the 2023- 2024 Lakeport Police department Military Equipment Report:
1) The LPD Military Equipment was used during 2023-2024 for the general purpose of public safety and the prevention of great bodily injury and/or death. During the 2023 calendar year and remainder of the 2023-2024 fiscal year, zero incidents of significance occurred. One piece of Military Equipment (DANIEL DEFENSE SOCOM-MK18SBR) was deployed 6 times with 0 projectiles delivered from or by it. Any other deployments of any other Military Equipment was either as a function of routine patrol or in a training environment, and are not subject to reporting herein.
2) During the 2023 calendar year and remainder of the 2023-2024 fiscal year, no complaints, nor concerns, were received concerning the use and/or possession of Military Equipment were received by this department; 3) An internal audit has revealed that no decrease in the inventory of Military Equipment has occurred, nor has there been any acquisition of any Military Equipment since the acquisition of the DANIEL DEFENSE SOCOMMK18SBR pursuant to Council authority granted August 15, 2023.

Additionally, no information has been received nor discovered about violations of the military equipment use policy, and no actions were taken in response;
4) The total annual cost for each type of military equipment for this report period was $2,085, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, funds needed for each type of military equipment for the fiscal year 2024-2025 will be provided for by the Lakeport Police Department’s Special Department Supplies fund, originally obtained from the City of Lakeport General Fund; 5) The details, including quantity, of the Military Equipment possessed by the Lakeport Police Department is contained within the Police Department Brad Rasmussen
Chief of Police
368558.2
Military Equipment Policy, Policy 709, which is conspicuously posted on the Lakeport Police Department website and has been since June 1, 2023; 6) In 2024-2025, the Lakeport Police Department does not intend on acquiring any additional Military Equipment, as defined in Government Code Section 7070 (c);
7) Upon the submission and public release of this annual military equipment report on August 6,, 2024, the Lakeport Police Department will hold one wellpublicized and conveniently located community engagement meeting, on August 9, 2024 at 1330 hours in these Council Chambers at this the Lakeport City Hall, located at 225 Park Street, Lakeport, Lake County, California, at which the general public may discuss and ask questions regarding this annual military equipment report and the law enforcement agency’s funding, acquisition, or use of military equipment.

Policy
709
Lakeport Police Department
Policy Manual
Copyright Lexipol, LLC 2023/05/25, All Rights Reserved.

Published with permission by Lakeport Police Department ***DRAFT*** Military Equipment - 1 Military Equipment
709.1 PURPOSE AND SCOPE
This policy establishes guidelines for the acquisition, funding, use, and reporting of "military equipment," as the term is defined in Government Code section 7070. This policy is provided to comply with the obligations set forth in Assembly Bill No. 481. These obligations include but are not limited to seeking approval of the use of specific items deemed to be military equipment and requirements related to compliance, annual reporting, cataloging, and complaints regarding departmental possession and use of these items.
709.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):

Governing body – The elected or appointed body that oversees the Department.

Military equipment – Includes but is not limited to the following:
• Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. • High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. • Tracked armored vehicles that provide ballistic protection to their occupants. • Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Weaponized aircraft, vessels, or vehicles of any kind. • Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram.
• Firearms and ammunition of_.50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
• Specialized firearms and ammunition of less than_.50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue firearms.
• Any firearm or firearm accessory that is designed to launch explosive projectiles. • Noise-flash diversionary devices and explosive breaching tools. • Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.
• TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs).
• Kinetic energy weapons and munitions.

Lakeport Police Department
Policy Manual
Military Equipment
Copyright Lexipol, LLC 2023/05/25, All Rights Reserved.

Published with permission by Lakeport Police Department ***DRAFT*** Military Equipment - 2 • Any other equipment as determined by a governing body or a state agency to require additional oversight.

Military Equipment Use Policy - California Government Code §7070(d) describes a Military Equipment Use Policy as a publicly released, written document that includes, at a minimum, all of the following:

A description of each type of Military Equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the Military Equipment.

The purposes and authorized uses for which the law enforcement agency or the state agency proposes to use each type of Military Equipment.

The fiscal impact of each type of Military Equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment.

The legal and procedural rules that govern each authorized use.

The training, including any course required by the Commission on Peace Officer Standards and Training, that must be completed before any officer, agent, or employee of the law enforcement agency or the state agency is allowed to use each specific type of Military Equipment to ensure the full protection of the public's welfare, safety, civil rights, and civil liberties and full adherence to the Military Equipment use policy.

The mechanisms to ensure compliance with the Military Equipment use policy, including which independent persons or entities have oversight authority, and, if applicable, what legally enforceable sanctions are put in place for violations of the policy.

For a law enforcement agency, the procedures by which members of the public may register complaints or concerns or submit questions about the use of each specific type of Military Equipment, and how the law enforcement agency will ensure that each complaint, concern, or question receives a response in a timely manner.

Specialized Response – A critical law enforcement event or response, the very nature of which is determined to require specifically trained and equipped personnel to resolve these hazardous, complex or unusual situations, such as high risk warrant service, hostage taking, barricaded suspects, snipers, active killers, terrorism or other high risk incidents. 709.2 POLICY
It is the policy of the Lakeport Police Department that members of this department comply with the provisions of Government Code § 7071 with respect to military equipment and, that there be legally enforceable safeguards, including transparency, oversight, and accountability measures in place to protect the public's welfare, safety, civil rights, and civil liberties before military equipment is funded, acquired, or used.
709.3 MILITARY EQUIPMENT COORDINATOR
The Chief of Police should designate a member of this department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:

Lakeport Police Department
Policy Manual
Military Equipment
Copyright Lexipol, LLC 2023/05/25, All Rights Reserved.

Published with permission by Lakeport Police Department ***DRAFT*** Military Equipment - 3 (a) Acting as liaison to the governing body for matters related to the requirements of this policy.
(b) Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.
(c) Conducting an inventory of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Lakeport Police Department (Government Code § 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:

1. Publicizing the details of the meeting.

2. Preparing for public questions regarding the department’s funding, acquisition, and use of equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government Code § 7072).
(g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner.
709.4 MILITARY EQUIPMENT INVENTORY
The following constitutes a list of qualifying equipment for the Department (a) Chemical Agent and Smoke Canisters: 37MM Launchers are utilized by LPD personnel as a less-lethal tool that contains chemical agents that are released when deployed.

1. Description, quantity, capabilities, and purchase cost (a) DEFENSE TECHNOLOGY, 37MM SINGLE SHOT LAUNCHER, Barrel:
6061-T6 Aluminum, Type III Hard Coat Anodized Frame/Fire Control Group: Steel Foregrip & Trigger Grip: Super Tough (ST) Glass Filled Nylon Resin cost: $1000, quantity: 1. The 37MM Single Launcher is a tactical single-shot launcher that features a fixed stock with iron sights. (b) DEFENSIVE TECHNOLOGY, 37MM OC ROUND, cost varies by payload type and quantity and approximated at $45 per round, quantity 4. The 37mm OC Round incorporates an aluminum shell and utilizes black powder as the propellant. It is designed to deliver one dual-ported chemical canister from a 37mm launcher 75 yards to the intended target zone. It is most widely used as a crowd management solution. It is used by Law Enforcement and Corrections for the rapid deployment of chemical agent from maximum stand-off distances. It is designed for outdoor use and have fire-producing capability.

Lakeport Police Department
Policy Manual
Military Equipment
Copyright Lexipol, LLC 2023/05/25, All Rights Reserved.

Published with permission by Lakeport Police Department ***DRAFT*** Military Equipment - 4

2. Purpose ; Limit the escalation of conflict where employment of lethal force is prohibited

3. Authorized Use: This device is currently not authorized for useuntil personnel receive the proper training for deployment and use of the equipment. At that time, Situations for the use of this less-lethal weapon system may typically include:
(a) Violent and/or riotous crowds that present a significant potential risk of physical safety
(b) Facilitate safe extraction of a suspect from a fixed location (c) Detention of a suspect who poses a substantial risk of violence to an officer(s)

4. Lifespan:
(a) Defensive Technology, 37mm Single-Shot Launcher - Approximately 20 years
(b) Defensive Technology, 37mm OC Round - Determined by specific Manufacturer for specific rounds

5. Fiscal Impact: Annual maintenance is approximately $0 for each launcher.

6. Training: Some officers are trained in the 12 gauge less-lethal shotgun as a less-lethal option by in-service training.

7. Legal and Procedural Rules: Use is established under Lexipol policy. It is the policy of the LPD to utilize this equipment only for official law enforcement purposes and pursuant to State and Federal law regarding the use of force.

Deployment and use of this equipment is further detailed and authorized pursuant to Lakeport Police Department Policy Section 308.6. (b) Less Lethal Shotgun: Less Lethal Shotgun is used to deploy the less-lethal 12- gauge Super-Sock Beanbag Round.

1. Description, quantity, capabilities, and purchase cost (a) REMINGTON 870 LESS LETHAL SHOTGUN, quantity: 7. The Remington 870 Less Lethal Shotgun is used to deploy the less-lethal 12- gauge Super-Sock Beanbag Round up to a distance of 75 feet. The range of the weapon system helps to maintain space between officers and a suspect reducing the immediacy of the threat, which is a principle of Deescalation. (b) 12-GAUGE DRAG STABILIZED BEAN BAG ROUND, cost $7 each round, quantity 200. The Drag Stabilized™ 12-Gauge Round is a translucent 12-Gauge shell loaded with a 40-Gram tear shaped bag made from a cotton and ballistic material blend and filled with #9 shot. This design utilizes four stabilizing tails and utilizes smokeless powder as the propellant. The 12-Gauge Drag Stabilized Round has secured its place as the Law Enforcement Communities' number one choice for specialty Lakeport Police Department
Policy Manual
Military Equipment
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Published with permission by Lakeport Police Department ***DRAFT*** Military Equipment - 5 impact munitions. This round has a velocity of 270 fps with a maximum effective range of 75 feet.
(c) 12-GAUGE BREACHING ROUND, cost $12 each round, quantity 15.

The 12-Gauge TKO Breaching Round is a 12-Gauge shell loaded with a compressed zinc slug, utilizing smokeless powder as a propellant. The is a widely used method to breach door locks or hinges for entry during tactical operations. When properly deployed, the TKO is capable of defeating door lock mechanisms, door knobs, hinges, dead bolts, safety chains, and pad locks on both wooden or hollow core doors. Upon impact with the target, the zinc slug disintegrates in to a fine powder eliminating fragmentation. (d) 12-GAUGE FIN STABILIZED ROUND, cost $9 each round, quantity

6. The 12-Gauge Fin Stabilized Round has evolved from the Defense Technology® design of the 23FS. It is a translucent 12-Gauge shell loaded with a 5.8-Gram finned rubber sabot and utilizes smokeless powder as the propellant. The Fin Stabilized Round is generally considered a low to medium pain compliance round for close range deployment. As a pain compliance round for crowd routing, it is most suitable for moderate ranges with a maximum effective range of approximately 35 ft. and has a velocity of 500 fps.

2. Purpose: To limit the escalation of conflict where employment of lethal force is prohibited or undesirable.

3. Authorized Use: Situations for the use of this less-lethal weapon system may typically include:
(a) Self-destructive, dangerous and/or combative individuals (b) Circumstances where a tactical advantage can be obtained (c) Potentially vicious animals
(d) Training exercises or approved demonstrations

4. Lifespan
(a) Remington 870 Less Lethal Shotgun - Approximately 20 years (b) Super Sock Round - No listed expiration date

5. Fiscal Impact: Annual maintenance is approximately $50 for each less lethal shotgun.

6. Training: Some officers are trained in the 12 gauge less-lethal shotgun as a less-lethal option by in-service training.

Deployment and use of this equipment is further detailed and authorized pursuant to Lakeport Police Department Policy Section 308.9.. (c) Less Lethal PepperBall Gun
Lakeport Police Department
Policy Manual
Military Equipment
Copyright Lexipol, LLC 2023/05/25, All Rights Reserved.

Published with permission by Lakeport Police Department ***DRAFT*** Military Equipment - 6

1. Description, quantity, capabilities, and purchase cost (a) PEPPERBALL SA200 LESS LETHAL GUN, quantity: 2. The PepperBall SA200 is the Tippmann Pro/Carbine launcher. It was sold by PepperBall from 1999 to 2006. The launcher features a horizontal forearm grip and breech opening similar to a shotgun. This is one of the most reliable air-powered launchers ever designed and with proper maintenance, should last law enforcement and military customers for decades to come.

Tippmann stopped production of this launcher in 2006.
(b) OC PEPPER BALLS, cost aries on quantity purchased and approximated at $3 per round, quantity: 200. PepperBall rounds contain 2.0% PAVA.

It is effective for direct impact and area saturation when there is no line of sight. PAVA is based on one of the hottest of the six capsaicinoids found in pepper plants. PepperBall products contain only safe, pure, nonoil based PAVA and are non-flammable. Ingredient consistency ensures each projectile operates with quality and effectiveness.

2. Purpose : To limit the escalation of conflict where employment of lethal force is prohibited or undesirable.

3. Authorized Use: Situations for the use of PepperBall weapon systems may typically include:
(a) Self-destructive, dangerous and/or combative individuals (b) Circumstances where a tactical advantage can be obtained (c) Potentially vicious animals
(d) Training exercises or approved demonstrations

4. Lifespan:
(a) PepperBall SA200 - Approximately 20 years
(b) OC pepper balls - No listed expiration date

5. Fiscal Impact: Annual maintenance is approximately $100 for each PepperBall SA200.

6. Training: Some officers are trained in the PepperBall SA200 as a less-lethal option by in-service training.

Deployment and use of this equipment is further detailed and authorized pursuant to Lakeport Police Department Policy Section 308.7.3. (d) Rifles: Guns that are fired from shoulder level, having a long spirally grooved barrel intended to make bullets spin and thereby have greater accuracy over a long distance.

1. Description, quantity, capabilities, and purchase cost Lakeport Police Department
Policy Manual
Military Equipment
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Published with permission by Lakeport Police Department ***DRAFT*** Military Equipment - 7 (a) COLT M4LE.223 CAL. 15'' BARREL, cost $1,000, quantity 4.

The magazine holds 30 rounds of.223 ammunition and the rifle has a collapsible stock. This rifle is primarily used in an overwatch capacity to protect the community during large events.
(d) COLT AR15A2.223 CAL. 20'' BARREL, cost $1,000, quantity 1. The magazine holds 30 rounds of.223 ammunition and the rifle has a noncollapsible stock. This rifle is primarily used in an overwatch capacity to protect the community during large events.
(e) DANIEL DEFENSE SOCOM-MK18SBR CAL. NATO 5.56mmx45mm

10.3" BARREL, cost $2,200.00, quantity 1. The magazine holds 30 rounds of NATO 5.56mm x 45mm ammunition and the rifle has a collapsible stock and flash hider. This rifle is primarily used in Tactical Team Operations to provide emergency law enforcement services in the imminent protection of life.

2. Purpose: To be used as a precision weapon to address a threat with more precision and/or greater distances than a handgun, if present and feasible.

3. Authorized Use: Situations for the use of Patrol/Tactical Rifle weapon systems may typically include:
(a) Situations where members reasonably anticipate an armed encounter (b) Situations that may require accurate and effective fire at long range (c) Requirement to meet or exceed a suspect's firepower (d) When it is anticipated or known that a suspect is outfitted with body armor (e) When needed to euthanize an animal with distance and accuracy to enhance public safety

4. Lifespan
(a) COLT M4LE.223 CAL. rifle - 15 years
(b) COLT M4 (AUTO).223 CAL. rifle - 15 years
(c) COLT AR15A2.223 CAL. rifle - 15 years
(d) REMINGTON 788 BOLT ACTION RIFLE - 15 years
(e) REMINGTON 700 SNIPER RIFLE - 15 years.
(f) DANIEL DEFENSE SOCOM-MK18SBR Tactical Rifle - 15 years Lakeport Police Department
Policy Manual
Military Equipment
Copyright Lexipol, LLC 2023/05/25, All Rights Reserved.

Published with permission by Lakeport Police Department ***DRAFT*** Military Equipment - 8

5. Fiscal Impact: Annual maintenance is approximately $50 for each rifle.

6. Training: Prior to using a rifle, officers must be certified by POST instructors in the operation of the rifle. Additionally, all members that operate any rifle are required to pass a range qualification two times a year.

Deployment and use of this equipment is further detailed and authorized pursuant to Lakeport Police Department Policy Section 312.3.3. 709.4.1 INVENTORYING PROCEDURES
All military use equipment kept and maintained by the LPD shall be inventoried utilizing a method which documents each of the following details for every equipment type:
(a) The manufacturer's description of the equipment.
(b) The capabilities of the equipment.
(c) The purposes and authorized uses for which the Department intends to use the equipment.
(d) The expected lifespan of the equipment.
(e) The fiscal impact of the equipment, both initially and on-going maintenance. (f) The quantity.
709.4.2 MILITARY EQUIPMENT SUPPLY MAINTENANCE
When supplies of consumable military use equipment, such as munitions, which have already been approved for use, have reached significantly low levels or have been exhausted, the Department is authorized to acquire a sufficient supply of the same brand and model of that depleted equipment to last the remainder of the calendar year without city council approval in order to continue providing essential public safety services to the public. 709.5 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the governing body and is available on the department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071). The military equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071):
(a) Requesting military equipment made available pursuant to 10 USC § 2576a. (b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.

Lakeport Police Department
Policy Manual
Military Equipment
Copyright Lexipol, LLC 2023/05/25, All Rights Reserved.

Published with permission by Lakeport Police Department ***DRAFT*** Military Equipment - 9 (c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department. (e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiring military equipment through any means not provided above.

Military equipment shall only be used by an LPD employee only after applicable training, including any course required by the Commission on Peace Officer Standards and Training, has been completed, unless exigent life saving circumstances arise. 709.6 OUTSIDE AGENCY ASSISTANCE
Military equipment used by LPD within the jurisdiction of any other agency will only consist of military equipment approved in accordance with this policy. The LPD works closely with local, county, state, and federal partners. In situations calling for specialized response or exigent circumstances and with the approval of the Chief of Police or hs/her designee, military equipment may be deployed within this jurisdiction and obtained from outside entities to promote the safety and security of our community members. If the Police Department acquires, borrows, or uses military equipment from one or more of its outside partners in such circumstances, it will provide written notification of its acquisition and/or use to the City Council within 30 days following the commencement of circumstance, unless such information is confidential or privileged under local, state or federal law. The LPD will make reasonable effort to ensure that Military equipment used/deployed by any outside agency in instances of specialized response or exigent circumstances within the City of Lakeport complies with that using/deploying agency's respective military equipment use policies at the time of that response or circumstance. 709.7 ANNUAL REPORT
Pursuant to California Government Code §7070(d)(6), and in accordance with California Government Code §7072, the Lakeport Police Department will submit to the Lakeport City Council an Annual Military Equipment Report and will make that report publicly available on its internet website. The Annual Military Equipment Report will include the following information for the immediately preceding calendar year for each type of military equipment:
(a) A summary of how the military equipment was used and the purpose of its use. (b) A summary of any complaints or concerns received concerning the military equipment. (c) The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response.

Lakeport Police Department
Policy Manual
Military Equipment
Copyright Lexipol, LLC 2023/05/25, All Rights Reserved.

Published with permission by Lakeport Police Department ***DRAFT*** Military Equipment - 10 (d) The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report. (e) The quantity possessed for each type of military equipment. (f) If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.

The Lakeport City Council will use the Annual Military Equipment Report as a mechanism to:
approve use of the detailed military equipment by the Lakeport Police Department,ensure the Lakeport Police Department's compliance with this Military Equipment Use Policy, and to help it determine whether to approve, revise, or revoke components of the Military Equipment Use Policy for the subsequent annual report.Chief of Police
The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in department inventory. 709.8 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.

Pursuant to California Government Code §7070(d)(7), members of the public may register complaints or concerns or submit questions about the use of each specific type of Military Equipment in this policy by any of the following means:
(a) Via email to: [email protected]
(b) Via phone call to: (707) 263-5491 ext. 4
(c) Via mail sent to: Lakeport Police Department, Attn: Military Equipment Use Coordinator, 2025 S. Main St., Lakeport, CA 95453
The Lakeport Police Department is committed to responding to complaints, concerns and/or questions received through any of the above methods in a timely manner.

CITIZEN MEMBERS: Meg Harper, Zach Jordan, Susan King, Dennis Rollins, and Laura Sombs.

STAFF MEMBERS: Kevin Ingram; City Manager; Nick Walker, Assistant City Manager; Kelly Buendia, Admin Services Director/City Clerk

MINUTES

MEASURE Z ADVISORY COMMITTEE

REGULAR MEETING
City Council Chamber, City Hall, 225 Park Street, Lakeport, CA July 17, 2024

1. CALL TO ORDER Chair Jordan opened the meeting at 5:30 p.m. with Committee Members Jordan, Harper, King, Rollins and Sombs present.

The following staff were present: City Manager Kevin Ingram, Police Chief Brad Rasmussen, Police Captain Dale Stoebe and
Administrative Services Director Kelly Buendia.

2. APPROVAL OF MINUTES Committee member Sombs made a motion; seconded by Committee member King and carried unanimously 5-0-0 to approve Minutes of April 17, 2024, meeting. (Committee member Rollins absent.)

3. PUBLIC INPUT No input was offered by the public.

4. DISCUSSION/ACTION ITEMS
A. Budget and Project Update City Manager Ingram stated that the City Council had approved a balanced budget. He reminded the Committee that Measure Z revenues will primarily cover salaries and operations for 2024/25.

City Manager Ingram provided details on grant funded or utility funded projects approved in the upcoming 2024/25 budget, along with any Measure Z projects that have been rolled forward from the prior year. He also stated that the new courthouse is set to break ground very soon, although not a city funded project.

5. ADJOURN Chair Jordan adjourned the meeting at 6:03 p.m. with the next meeting scheduled for Wednesday, October 16, 2024, at 5:30 p.m. _________________________
Kelly Buendia, City Clerk
CITIZEN MEMBERS: Meg Harper, Zach Jordan, Susan King, Dennis Rollins, and Laura Sombs.

STAFF MEMBERS: Kevin Ingram; City Manager; Nick Walker, Assistant City Manager; Kelly Buendia, Admin Services Director/City Clerk Proclamation OF THE CITY COUNCIL OF THE CITY OF LAKEPORT RECOGNIZING BRAD RASMUSSEN FOR HIS 35 YEARS OF SERVICE TO THE CITY AND

COMMUNITY OF LAKEPORT UPON HIS RETIREMENT
WHEREAS, Chief Brad Rasmussen has served with dedication and distinction for thirty-five years within the City of Lakeport Police Department, including fourteen years as Chief of Police, leaving an indelible mark on our community; and
WHEREAS, Chief Rasmussen began his exemplary service in 1989 as a Reserve Officer, and through diligence and leadership, ascended through the ranks, serving as a Patrol Officer, Sergeant, and Lieutenant before assuming the role of Chief of Police in 2010; and
WHEREAS, throughout his tenure, Chief Rasmussen's commitment to public safety and community well-being has been unwavering, highlighted by his instrumental role in various capacities, including his service with the Narcotics Task Force and as a Detective, where his dedication to solving major crimes was exceptional; and
WHEREAS, Chief Rasmussen's leadership extended beyond law enforcement, encompassing significant community contributions, such as his pivotal role in addressing homelessness and mental health issues, and his advocacy for community-oriented policing, which have profoundly enriched the quality of life in Lakeport; and
WHEREAS, Chief Rasmussen's vision and strategic initiatives have included development of new police facilities, fostering partnerships with community organizations, establishing crucial neighborhood watch programs, and championing initiatives like the National Night Out and the embedding of crisis workers within the department; and
WHEREAS, Chief Rasmussen's service extended beyond Lakeport, contributing his expertise to numerous professional associations and community organizations, including leadership roles in local service clubs and law enforcement associations, exemplifying his dedication to public service; and WHEREAS, Chief Rasmussen's leadership, integrity, and tireless advocacy for justice and safety have earned him the respect and gratitude of his colleagues, peers, and the residents of Lakeport; NOW, THEREFORE, BE IT PROCLAIMED, that the City Council of the City of Lakeport does hereby thankfully and gratefully extend our most sincere best wishes to

BRAD RASMUSSEN
On the occasion of his retirement and recognize him for years of service and leadership to the City of Lakeport. _________________________________
Michael Froio, Mayor
_________________________________
Kim Costa, Mayor Pro Tem
_________________________________
Stacey Mattina, Council Member
_________________________________
Kenneth Parlet, II, Council Member
_________________________________
Brandon Disney, Council Member

OATH OF OFFICE

STATE OF CALIFORNIA )
COUNTY OF LAKE ) ss.

CITY OF LAKEPORT )
Dale Stoebe
Police Chief
I, Dale Stoebe, do solemnly swear that I will support and defend the Constitution of the United States and the Constitution of the State of California against all enemies, foreign and domestic; that I will bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of California; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter.

Dale Stoebe, Police Chief
Subscribed and sworn to before me this
6 h day of August 2024.
________________________________ ________________________________ Brad Rasmussen, Chief of Police Kelly Buendia, City Clerk Meeting Date: 08/06/2024 Page 1 Agenda Item # VI.A.

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

STAFF REPORT
RE: 2024-03 / Draft Text Amendment amending Sections 16.04.020 of Chapter 16.04 (Definitions and Responsibilities) and Sections

16.23.030, 16.23.040 & 16.23.060 of Chapter 16.23 (Lot Line Adjustment) of Title 16 (Subdivisions) of the Lakeport
Municipal Code creating a ministerial approval process for lot line adjustments
MEETING DATE: 08/06/2024
SUBMITTED BY: Victor Fernandez, Associate Planner
PURPOSE OF REPORT:  Information only  Discussion  Action Item WHAT IS BEING ASKED OF THE CITY COUNCIL/BOARD:

The City Council is requested to consider amending certain sections of the Lakeport Municipal Code (Chapter 16.04 and 16.23) to provide a ministerial review process for lot line adjustments subject to the Community Development Director’s approval.

BACKGROUND/DISCUSSION:

On June 12, 2024, the Lakeport Planning Commission held a public hearing to consider amending Sections

16.04.020 of Chapter 16.04 (Definitions and Responsibilities) and Sections 16.23.030, 16.23.040 & 16.23.060 of Chapter 16.23 (Lot Line Adjustment) of Title 16 (Subdivisions) of the Lakeport Municipal Code relating to lot line adjustments. The Planning Commission voted unanimously in favor of the ordinance, which provides a ministerial approval process for lot line adjustments.

On July 16, 2024, the Lakeport City Council conducted the initial reading to introduce the ordinance and scheduled a public hearing for August 6, 2024, to proceed with the second reading.

A draft ordinance has been prepared and is attached to this staff report. In reference to Chapter 16.23 – Lot Line Adjustment of the Lakeport Municipal Code, Lot Line Adjustments require a discretionary review and approval by the Lakeport Planning Commission (Section 16.23.030 – Procedure by community development department).

The proposed amendments intend to create a more streamlined process by establishing a ministerial review process for lot line adjustments, which will be overseen by the Community Development Director. Lot line adjustments are reviewed by staff for conformance with the Subdivision Map Act, the Local General Plan, and the Zoning Ordinance. In accordance with Section 66412(d) of the Subdivision Map Act, a local agency's review and approval of lot line adjustments shall be confined to determining whether the resulting parcels conform to the applicable plans and requirements. The agency shall not impose any conditions or exactions beyond those specified in the relevant regulations. The following language is provided from the Subdivision Map Act:

Meeting Date: 08/06/2024 Page 2 Agenda Item # VI.A.

Section 66412(d) of Subdivision Map Act
“A lot line adjustment between four or fewer existing adjoining parcels, where the land taken from one parcel is added to an adjoining parcel, and where a greater number of parcels than originally existed is not thereby created, if the lot line adjustment is approved by the local agency, or advisory agency. A local agency or advisory agency shall limit its review and approval to a determination of whether or not the parcels resulting from the lot line adjustment will conform to the local general plan, any applicable specific plan, any applicable coastal plan, and zoning and building ordinances. An advisory agency or local agency shall not impose conditions or exactions on its approval of a lot line adjustment except to conform to the local general plan, any applicable specific plan, any applicable coastal plan, and zoning and building ordinances, to require the prepayment of real property taxes prior to the approval of the lot line adjustment, or to facilitate the relocation of existing utilities, infrastructure, or easements.” With the proposed amendments, City staff would conduct a ministerial review of lot line adjustments, which would then be approved or disapproved by the Community Development Director. This review would focus solely on ensuring compliance with the Lakeport General Plan, Subdivision Map Act, zoning & building ordinances, and other established requirements.

Changes to specific code sections would be as follows:
• Section 16.04.020(C)(3): This section currently assigns approval responsibility to the Planning Commission. The amendment would remove this language and authorize the Community Development Department to process lot line adjustment applications. • Section 16.23.030: This section outlines the current process for applications by the Community Development Department. The amendment streamlines the review process by the department and establishes a notification process for adjacent property owners. It also allows for a 10-day window to request Planning Commission review if desired.
• Section 16.23.040: This section outlines current requirements and conditions for lot line adjustments. The amendment maintains the need for conformance with zoning and building codes but clarifies that the Community Development Director, not the Planning Commission, may impose conditions related to conformance, property taxes, or utility relocation.
• Section 16.23.060: This section addresses appeals. The amendment would shift the appeal process to the Planning Commission for decisions made by the Community Development Director.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):

The proposed code amendments do not meet the definition of a project for purposes of the California Environmental Quality Act (CEQA). Pursuant to CEQA Guidelines Sections 15378 and 15061.b.3, the amendments are exempt from and not subject to CEQA.

Meeting Date: 08/06/2024 Page 3 Agenda Item # VI.A.

OPTIONS:

For the Ordinance recommendation amending Sections 16.04.020 of Chapter 16.04 (Definitions and Responsibilities) and Sections 16.23.030, 16.23.040 & 16.23.060 of Chapter 16.23 (Lot Line Adjustment) of Title 16 (Subdivisions) of the Lakeport Municipal Code creating a ministerial approval process for lot line adjustments:

1. Conduct a second reading and adopt the proposed amendments to the Lakeport Municipal Code.

2. Provide direction to amend the proposed ordinance, which may require returning for another reading before adoption.

3. Provide other direction.

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

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 adopt the ordinance of the City Council amending the City of Lakeport Sections 16.04.020 of Chapter

16.04 and Sections 16.23.030, 16.23.040 & 16.23.060 of Chapter 16.23 of Title 16 of the Lakeport Municipal Code creating a ministerial approval process for lot line adjustments.  Attachments:

1. Draft Ordinance – Clean Version

2. Draft Ordinance – Redline Version

3. CEQA Determination
360617.2
ORDINANCE NO. XX (2024)

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKEPORT AMENDING SECTION 16.04.020 OF CHAPTER 16.04 AND SECTIONS

16.23.030, 16.23.040, AND 16.23.060 OF CHAPTER 16.23 OF TITLE 16 OF THE

LAKEPORT MUNICIPAL CODE REGARDING THE PROCEDURES FOR LOT

LINE ADJUSTMENTS AND FINDING AND DETERMINING THAT THIS

ORDINANCE IS NOT SUBJECT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO CEQA GUIDELINES SECTIONS 15061(b)(3) AND 15378

WHEREAS, the City of Lakeport staff recommended changes to Sections 16.04.020,

16.23.030, 16.23.040, and 16.23.060 of Title 16 (“Subdivisions”) of the City of Lakeport Municipal Code (“Municipal Code”) to provide a ministerial review process for lot line adjustments subject to the Community Development Director’s approval; and WHEREAS, on June 12, 2024 a noticed public hearing regarding the text amendments was held before the Planning Commission of the City of Lakeport, California; and WHEREAS, said Planning Commission has recommended that the City Council approve said amendments to the Municipal Code; and
WHEREAS, the City Council intends to adopt an ordinance amending the Municipal Code to provide for ministerial review of lot line adjustment applications subject to the Community Development Director’s approval.

NOW, THEREFORE, the City Council of the City of Lakeport does ordain as follows:

SECTION 1. Recitals. The above set forth recitals and findings are true and correct and incorporated by this reference, as if set forth herein in full.

SECTION 2. Code Amendment. Section 16.04.020 (Responsibilities) of Chapter 16.04 (Definitions and Responsibilities) and Sections 16.23.030 (Procedure by community development department), 16.23.040 (Requirements/conditions), and 16.23.060 (Appeals) of Chapter 16.23 (Lot Line Adjustment) of Title 16 (Subdivisions) of the Lakeport Municipal Code is hereby amended to read as follows:

16.04.020 Responsibilities.

A. City Attorney. The city attorney’s responsibilities shall include approving as to form all subdivision improvement agreements and security and all governing documents for a common interest development.

B. City Council. The city council shall have final jurisdiction in the approval, conditional approval, or denial of final maps. The city council shall also have final jurisdiction in the approval, conditional approval, or denial of reversions to acreage. 360617.2
The city council shall act as the appeal board for hearing appeals of the planning commission approval, conditional approval, or denial of tentative maps and vesting tentative maps. Acceptance of dedications of land easements or improvements in conjunction with the recordation of subdivision maps.

C. Planning Commission. The planning commission’s responsibilities shall include:

1. Approval, conditional approval, or denial of the application for tentative map approval of subdivisions of five or more parcels;

2. The approval, conditional approval, or denial of tentative maps for subdivisions of four or less parcels;

3. The approval of voluntary mergers;

4. Determinations of violations of the provisions of the Subdivision Map Act of this title.

D. City Engineering Department. The city engineering department responsibilities shall include:

1. Establishing design and construction details, standards, and specifications;

2. Determining if proposed subdivision improvements comply with the provisions of the Subdivision Map Act and this title;

3. The processing and certification of final maps, parcel maps, reversion to acreage maps, and amended maps, and the processing and approval of subdivision improvement plans;

4. Examining and certifying that final maps and parcel maps are in substantial compliance with the approved tentative map;

5. The approval as to form of subdivision improvement agreements;

6. The inspection, approval, and acceptance of subdivision improvements.

E. Community Development Department. The community development department’s responsibilities shall include:

1. The intake and processing of land use applications for tentative maps;

2. Determining compliance with the provisions of this title and California Subdivision Map Act;

3. Assisting the city engineer in the processing of and certification of final maps and in determining that final maps are in substantial compliance with the approved tentative maps;

4. Environmental review and the development of mitigation measures and conditions of approval for subdivisions.

5. Approval, conditional approval, or denial of the application for a lot line adjustment.

16.23.030 Procedure by community development department. 360617.2
Upon receipt of the lot line adjustment application with any required fee, the community development department shall determine completeness, notify the applicant of the determination, and prepare a report as to the application’s conformance with these provisions.

No less than ten calendar days prior to approving or conditionally approving a lot line adjustment application, the community development department shall notify owners of contiguous properties immediately adjacent to the subject property and/or additional properties as determined by the community development director in his or her discretion. Notice shall be given by mail or personal delivery.

The written notice shall declare that the requested lot line adjustment may be approved without review and decision by the planning commission if no written request for review is filed with the community development department within ten calendar days of the date of mailing. If no request for review and decision by the planning commission is filed with the community development department during that ten day period, the lot line adjustment may be approved or conditionally approved by the community development director without a public hearing.

If a request for review by the planning commission is filed with the community development department pursuant to this section, the community development director shall schedule a public hearing before the planning commission at its next regularly scheduled meeting. Notification of said public hearing shall adhere to the requirements of Chapter 17.30.

The community development director may, in his or her discretion, refer to the planning commission any lot line adjustment application which involves a significant policy issue or that cannot be decided upon at a staff level. The planning commission shall then assume authority for the review and decision of the lot line adjustment application.

16.23.040 Requirements/conditions.

The lot line adjustment shall conform to the city’s zoning and building code ordinances except where one or more adjacent recorded legal lots are of less area than required by the municipal code. Said adjustments may be considered for approval so long as any reduction in lot size or increase in lot size will not result in any additional parcels.

No tentative map, parcel map, or final map as designated by the California Subdivision Map Act shall be required. The community development director may impose conditions on the lot line adjustments relating to, among others, conformance with zoning and building codes, payment of property taxes, and relocation of utilities, infrastructure, and easements.

16.23.060 Appeals.

Any decision rendered by the community development director regarding an approval or denial of a lot line adjustment may be appealed to the planning commission in accordance with the provisions of the municipal code within five days of the date of the written decision. 360617.2
SECTION 3. Severability. Should any provision of this Ordinance, or its application to any person or circumstance, be determined by a court of competent jurisdiction to be unlawful, unenforceable, or otherwise void, that determination shall have no effect on any other provision of this Ordinance or the application of this Ordinance to any other person or circumstance and, to that end, the provisions hereof are severable.

SECTION 4. Inconsistent Provisions. Any provision of the Lakeport Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to the extent necessary to implement the provisions of this Ordinance.

SECTION 5. CEQA. The City Council finds that this Ordinance is not subject to the California Environmental Quality Act (CEQA). This Ordinance is not a "project", as defined in Section 15378 of the State CEQA Guidelines, and will not cause a direct or reasonably foreseeable indirect effect or change to the physical environment. This Ordinance is therefore exempt from the California Environmental Quality Act pursuant to Sections 15061(b)(3) of the State CEQA Guidelines.

SECTION 6. Effective Date. This Ordinance shall take effect thirty (30) days after adoption as provided by Government Code section 36937.

SECTION 7. Certification. The City Clerk shall certify to the passage and adoption of this Ordinance and shall give notice of its adoption as required by law. Pursuant to Government Code section 36933, a summary of this Ordinance may be published and posted in lieu of publication and posting the entire text.

INTRODUCED by the City Council on the __ day of ___________2024; and PASSED AND ADOPTED at a regular meeting of the City Council held on the __ day of ______, 2024 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
____________________________
Michael Froio, Mayor
ATTEST:
_____________________________
Kelly Buendia, City Clerk
360617.2
ORDINANCE NO. XX (2024)

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKEPORT AMENDING SECTION 16.04.020 OF CHAPTER 16.04 AND SECTIONS

16.23.030, 16.23.040, AND 16.23.060 OF CHAPTER 16.23 OF TITLE 16 OF THE

LAKEPORT MUNICIPAL CODE REGARDING THE PROCEDURES FOR LOT

LINE ADJUSTMENTS AND FINDING AND DETERMINING THAT THIS

ORDINANCE IS NOT SUBJECT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO CEQA GUIDELINES SECTIONS 15061(b)(3) AND 15378

WHEREAS, the City of Lakeport staff recommended changes to Sections 16.04.020,

NOW, THEREFORE, the City Council of the City of Lakeport does ordain as follows:

SECTION 1. Recitals. The above set forth recitals and findings are true and correct and incorporated by this reference, as if set forth herein in full.

16.04.020 Responsibilities.

C. Planning Commission. The planning commission’s responsibilities shall include:

1. Approval, conditional approval, or denial of the application for tentative map approval of subdivisions of five or more parcels;

2. The approval, conditional approval, or denial of tentative maps for subdivisions of four or less parcels;

3. The approval of lot line adjustments and voluntary mergers;