Agenda packet — Lakeport City Council, December 3, 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, December 3, 2024 6:00 p.m.

City Council Chambers, 225 Park Street, Lakeport, California 95453 See Teleconferencing Instructions Below
City Council Agenda of December 3, 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, December 3, 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 the minutes of the City Council regular meeting of November 19, 2024.

C. Emergency Renewal: Approve the continuation of the proclamation declaring a Local State of Emergency due to severe weather conditions including heavy rain, and extreme wind.

D. Notice of Completion: Adopt the resolution accepting the Potable Water Backup Power Project, Bid NO. 24- 06, and authorize the filing of the Notice of Completion.

E. Notice of Completion: Adopt the resolution accepting the Exchange of Granulated Activated Carbon, Bid NO. 24-08, and authorize the filing of the Notice of Completion.

F. Master Salary Schedule: Adopt a Resolution rescinding Resolution 2957 (2024) and revising the Master Pay Schedule in conformance with California Code of Regulations, Title 2, Section 570.5.

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.

VI. PUBLIC HEARINGS:

A. Tobacco Retail License: Adopt an Ordinance of the City Council of the City of Lakeport Adding Chapter 5.40 to Title 5 of the Lakeport Municipal Code Requiring the Licensure of Tobacco Retailers, Regulating the Sale of Tobacco Products, and Determining That This Ordinance Is Not Subject to the California Environmental Quality Act.

B. Prop 218 Administrative Remedies
Procedure:

Adopt an ordinance of the City Council adding section 1.04.020 to the Lakeport Municipal Code.

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

A. City Manager

1. Bi-Annual Traffic Safety
Report:

Discuss and review observed trends in received traffic safety related complaints to the City of Lakeport.

VIII. CITY COUNCIL COMMUNICATIONS:

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

IX. CLOSED SESSION: 1. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov. Code § 54956.8)
Property Address: 3665 State Highway 175
Agency Negotiator: City Manager Ingram
Negotiating Party: Big Valley Band of Pomo Indians
Under Negotiation: Price and Terms of Payment

2. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
(Gov. Code § 54956.8)
Property Address: 910 Bevins Street
Agency Negotiator: City Manager Ingram
Negotiating Party: Wine Country Compressors
Under Negotiation: Price and Terms of Payment

3. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov. Code § 54956.8) Property Addresses: 026-251-06
026-122-06
025-036-04
025-036-03
Agency Negotiator: City Manager
Negotiating Parties: Lake County Tax Collector
Under Negotiation: Price and Terms of Payment
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 Agenda of November 19, 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, November 19, 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, present. Councilmember Parlet was absent.

II. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Kelly Andregg.

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 4-0-0-1, with Council Member Parlet absent, 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 regular meeting of October 15, 2024, and the special meeting of October 15, 2024.

C. Application 2024-037: Approve application 2024-037, with staff recommendations, for the 2024 Dickens Faire event.

D. Application 2024-038: Approve application 2024-038, with staff recommendations, for the Christmas Tree Lighting Ceremony.

E. Application 2025-002: Approve application 2024-002, with staff recommendations, for the 2025 Children’s Festival
F. Unrepresented Management
Employee Group:

Prior to acting on the Consent Agenda Mayor Froio read the following disclaimer:
“Before we move on to taking action on the consent calendar, I’d like to publicly announce that GC Code §54953 (c)(3) requires the City Council to orally report a summary of any Council action on salaries, salary schedules, or fringe benefits for any executive Managers.

Accordingly, before the City Council this evening, as part of this agenda item, is a recommendation to approve a salary and benefits package for unrepresented management employees, including both at-will and mid-management staff. A salary survey revealed that many management positions had fallen significantly behind comparable roles in other jurisdictions, with some positions lagging as much as 23% behind the median. The package includes the following key provisions:
• A cost of living adjustment (COLA) totaling 15% over four years: 4.5% in 2024, 3.5% in 2025, 4.5% in 2026, and 2.5% in 2027.
• Addition of Juneteenth as an official holiday.
• A one-time retention bonus of $1,000 for each employee in December 2024.

City Council Agenda of November 19, 2024 Page 3
• Replacement of the $80 monthly cell phone allowance with a one-time technology allowance of $1,000.

This package is designed to help keep management salaries aligned with market standards while maintaining fiscal responsibility.”
Adopt a resolution approving a Compensation and Benefits Program for Unrepresented Employees for the period of July 1, 2024, to June 30, 2028.

G. Measure Z Advisory Committee
(MZAC):

Receive and file the draft minutes of the October 16, 2024, MZAC meeting.

Vote on Consent Agenda: A motion was made by Council Member Costa, seconded by Council Member Disney, and unanimously carried by voice vote 4-0-0-1, with Council Member Parlet absent, to adopt the Consent Agenda, items A, B, C, E, F, and G, with item D pulled.

Kelly Andregg spoke regarding Dickens’ Faire. She was concerned that there is no lighted tree in Museum Park. Council Member Mattina advised that the Kiwanis have declined to decorate it this year. Kelly will work with Val Schweifler at Kiwanis and Council Member Mattina to bring lights to the tree in Museum Park.

A motion was made by Council Member Disney, seconded by Council Member Mattina, and unanimously carried by voice vote 4-0-0-1, with Council Member Parlet absent, to Consent Agenda, item D.

V. PUBLIC PRESENTATIONS/REQUESTS:

B. New Employee Introduction: Utilities Director Harris introduced new Utilities Division employee Robert Schneider.

C. Presentation: Presentation on the proposed Lake County Regional Housing Trust Fund (LCRHTF) by Deputy County Administrative Officer for Housing, Lisa Judd.

D. Navigation Center Feasibility: Presentation of the Navigation Center Feasibility Study by Assistant City Manager Walker with Julien Cho and Mario Barrientos of Vanir and Noah Painter of KMP Strategies.

Lisette Hayes had a question regarding survey methodology.

Kim Beall would like to see more resources applied to preventing homelessness.

Elaine Brown spoke in favor of the Navigation Center.

VI. PUBLIC HEARINGS:

VII. COUNCIL BUSINESS:

A. City Manager

1. Ordinance Introduction: The staff report was presented by City Manager Ingram. Liberty Frances from Lake County Public Health Department was on hand with a presentation and to provide background information.

Gina Lila-Booth spoke in favor of the ordinance.

Mike Bielenburg questioned what the consequences would be for violations.

Greg Damren spoke in favor of the ordinance.

Supervisor Green spoke in favor of the ordinance.

Stephanie Pettrozzi spoke in favor of the ordinance.

A motion was made by Council Member Mattina, seconded by Council Member Disney, and unanimously carried by voice vote 4-0-0-1, with Council Member Parlet absent, to introduce an Ordinance adding Chapter 5.40, Tobacco Retailer License to Title 5 of the Lakeport Municipal Code and set a public hearing for December 3, 2024.

B. Assistant City Manager
City Council Agenda of November 19, 2024 Page 4

1. Ordinance Introduction: The staff report was presented by Assistant City Manager Walker.

A motion was made by Council Member Costa, seconded by Council Member Mattina, and unanimously carried by voice vote 4-0-0-1, with Council Member Parlet absent, to introduce an ordinance of the City Council adopting an administrative remedies procedure for challenges to fees, charges, and assessments and set a public hearing for December 3, 2024.

2. 4th Quarter Financial
Report:

The staff report was presented by Assistant City Manager Walker.

A motion was made by Council Member Mattina, seconded by Council Member Costa, and unanimously carried by voice vote 4-0-0-1, with Council Member Parlet absent, to receive and file the FY 2024 Unaudited Actual Financial Update.

VIII. CITY COUNCIL COMMUNICATIONS:

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

City Attorney Ruderman reminded the Council of recent Senate bills signed into law, such as the Levine Act, and he will send out a memo outlining changes.

City Manager Ingram gave a shout out to the Public Works & Utilities Divisions for prepping the storm drains and winterizing prior to the storm.

Police Chief Stoebe had no report.

Public Works Director Ladd reported that the CLHS Environment Club volunteered to clean up storm drains. Public Works is prepping for the storm, including removing the docks, and staff are on stand-by.

Community Development Director Hejnowicz had no report.

Administrative Services Director Buendia was absent.

Assistant City Manager Walker advised the next Lake County Recreation Authority meeting is cancelled.

Utilities Director Harris advised the pipeline project is moving along and the Lakeport Blvd. Portion is complete.

Council Member Parlet was absent.

Council Member Costa expressed her appreciation for the Utilities Department. Toys for Tots give-away will be partnering with the City.

Council Member Disney reported that the USDA has planned a site visit to the Lakeport Fire Protection District for potential funding to rehab their current station.

The Clean Water Program launched the “Adopt a Drain” program. Dickens Faire is on November 30, 2024.

Council Member Mattina advised the Lighted Boat Parade will be right after the Dickens Faire at Xabatin Park. She also reported that the Lake Transit Authority is cutting back routes to address a $700,000 deficit.

Mayor Froio gave kudos to Officer Freitas for catching a one-way driver on High St.

He thanked Utilities Director Harris for his work on the Pier 1900 fire suppression project. Mayor Froio reported that he attended the CalCities Conference in Long Beach in October.

ADJOURNMENT: Mayor Froio adjourned the meeting at 8:18 p.m. _______________________________________
Michael Froio, Mayor
Attest:

City Council Agenda of November 19, 2024 Page 5
_____________________________________________
Kelly Buendia, City Clerk
Meeting Date: 12/03/2024 Page 1 Agenda Item #IV.C.

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: Local Emergency Proclamation MEETING DATE: 12/03/2024 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 review the need to continue the proclamation declaring a Local State of Emergency due to flooding and extreme weather and provide direction.

BACKGROUND/DISCUSSION:

On February 7, 2024, the Director of Emergency Services for the City of Lakeport declared a local State of Emergency because of severe weather conditions including heavy rain, and extreme wind. In accordance with the Emergency Services Act Section 8630(b), the City Council ratified the declared emergency on February 13, 2024, under Resolution 2940 (2024). Under Lakeport Municipal Code section

2.28.150, the City Council shall review the declaration at least every sixty days or as prescribed by law until the need for continuing the local emergency has ended and shall proclaim the termination of such local emergency at the earliest practicable date that conditions warrant. The City Council subsequently continued the emergency declaration on April 2, 2024, May 21, 2024, July 2, 2024, September 3, 2024, and October 15, 2024.

Since a need still exists for the declaration, Council is asked to review and continue the declaration.

Should the need continue, staff will return this item within the next 60 days for City Council review.

OPTIONS:

Approve the need for the continuation of the proclamation declaring a Local State of Emergency due to severe weather conditions including heavy rain, and extreme wind; or proclaim the termination of the Local State of Emergency
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:

Meeting Date: 12/03/2024 Page 2 Agenda Item #IV.C.

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 approve the continuation of the proclamation declaring a Local State of Emergency due to severe weather conditions including heavy rain, and extreme wind.

Attachments: 1. Resolution No. 2940 (2024)

Meeting Date: 12/3/2024 Page 1 Agenda Item #VI.D.

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

STAFF REPORT
RE: Notice of Completion for the Potable Water Backup Power Project Bid #24-06
MEETING DATE: 12/3/2024
SUBMITTED BY: Paul Harris, Utilities Director
PURPOSE OF REPORT: Information only Discussion Action Item WHAT IS BEING ASKED OF THE CITY COUNCIL/BOARD:

The City Council is being asked to adopt a resolution accepting the Potable Water Backup Power Project, Bid NO. 24-06, as complete and authorize the City Manager to file a Notice of Completion.

BACKGROUND/DISCUSSION:

On July 2, 2024, the City Council awarded a construction contract to Summit Signal, Inc, dba Danny Mihelcic Construction Services for the Potable Water Backup Power Project in the amount of $101,647.88. One change order in the amount of $2,307.43 was required to add a 50-amp subpanel and additional breakers at the Scotts Creek Well Site bringing the total contract cost to $103,955.31.

The project consisted of connecting existing generators to electrical power systems at three locations: The Water Treatment Plant, 590 Konocti Ave., The Lake Intake, 23 K Street, and Scotts Creek Wells, 2224 Riggs Rd.

The generators were purchased previously using Hazard Mitigation Grant Program (HMGP) grant funding provided by the Federal Emergency Management Agency (FEMA). The cement pads were installed by City staff.

The electrical connections were installed by Summit Signal Inc. Upon completion, startup of all three generators was coordinated with the supplier of the generators, Summit Signal and City staff. All generators checked out and are fully operational.

Staff has determined that the project has been completed in compliance with the project plans and specifications for a total cost of $103,955.31.

OPTIONS:

No other options recommended.

FISCAL IMPACT:

None $103,955.31 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:

Meeting Date: 12/3/2024 Page 2 Agenda Item #VI.D.

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:

Move to adopt the resolution accepting the Potable Water Backup Power Project, Bid NO. 24-06, and authorize the filing of the Notice of Completion.

Attachments: 1) 1. Resolution

2. Notice of Completion
RESOLUTION NO. ( 2024 )

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKEPORT ACCEPTING THE POTABLE WATER BACKUP POWER PROJECT, BID NO. 24-06, AND AUTHORIZINGTHE

FILING OF THE NOTICE OF COMPLETION
WHEREAS, the final inspection of the Potable Water Backup Power Project, Bid No. 24-06, was made by the City of Lakeport’s Public Works Department; and
WHEREAS, it was determined that the work for this project has been completed in substantial compliance with the project plans and specifications.

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

1. The City Council hereby accepts the work as completed on the Potable Water Backup Power Project, Bid No. 24-06.

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

The foregoing Resolution was adopted at a regular meeting of the City Council of the City of Lakeport held on the on the 3rd day of December, 2024 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

APPROVED:
_______________________________
Michael Froio, Mayor
City of Lakeport
ATTEST:
_________________________________
Hilary Britton, Deputy City Clerk
City of Lakeport
4D.2 2-Notice of Completion - Water Generators(382174.1) MH

RECORDING REQUESTED BY
City of Lakeport

AND WHEN RECORDED MAIL THIS DEED,
UNLESS OTHERWISE SHOWN BELOW.

MAIL TAX STATEMENTS TO:

City of Lakeport Attn: Olivia Grupp
225 Park Street
Lakeport, CA 95453
Complimentary recording request pursuant to
Government Code § 27383
SPACE ABOVE THIS LINE FOR RECORDER’S USE
Notice of Completion
NOTICE is hereby given that:

1. The Undersigned is owner of the interest stated below in the property hereinafter described:

2. The NAME (including that of the undersigned), ADDRESS and NATURE OF TITLE of every person owning any interest in such property is as follows:

City of Lakeport 225 Park St, Lakeport, CA 95453 Fee Simple (NAME OF UNDERSIGNED)

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

4. A work of improvement on the property hereinafter described was COMPLETED ON 11/19/2024

5. The name of the CONTRACTOR for such work of improvement was Summit Signal, Inc. dba Danny Mihelcic Construction Services
260 Margie Dr, Willits, CA 95490
(If no Contractor, insert “NONE”

6. The property on which said work of improvement was completed is in the City of Lakeport , State of California, and is described as follows:

Electrical work to connect three existing generators to electrical power systems at the water treatment plant, lake intake and Scotts Creek wells.

7. The street address of said property is: 23 K Street, Lakeport, CA, 590 Konocti Ave., Lakeport, CA and 1604 Riggs Road, Lakeport, CA
Dated: 11/14/2024
Signature of
Owner or Owners }
Kevin Ingram, City Manager
Verification for NON-INDIVIDUAL owner: I, the undersigned, declare under penalty of perjury under the laws of the State of California that I am the City Manager of the aforesaid interest or estate in (“PRESIDENT, PARTNER, MANAGER, AGENT, ETC.”
the property described in the above notice; that I have read the said notice, that I know and understand the contents thereof, and that the facts stated therein are true and correct.

Date and Place (Signature of person signing on behalf of owner)) EXEMPT FROM NOTARY ACKNOWLEDGEMENT REQUIREMENTS PER GOVERNMENT CODE § 27287 & CIVIL CODE § 9208
Meeting Date: 12/3/2024 Page 1 Agenda Item #IV.E.
382235.1

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: Notice of Completion for the Granular Activated Carbon Exchange Project, Bid No. 24-08
MEETING DATE: 12/03/2024
SUBMITTED BY: Paul Harris, Utilities Director
PURPOSE OF REPORT: Information only Discussion Action Item WHAT IS BEING ASKED OF THE CITY COUNCIL/BOARD:

The City Council is being asked to adopt a resolution accepting the Granular Activated Carbon Exchange Project, Bid No. 24-08, as complete and authorize the City Manager to file a Notice of Completion.

BACKGROUND/DISCUSSION:

On September 3, 2024, the City Council awarded a contract to Calgon Carbon Corporation for the Exchange of spent activated carbon with new virgin activated carbon in the amount of $80,555.00.

The project consisted of removing the spent activated carbon and replacing with new virgin activated carbon for two vessels at the Water Treatment Plant, 590 Konocti Ave.

The project was completed on November 8, 2024,
Staff has determined that the project has been completed in compliance with the project plans and specifications. The final total cost was $80,555.00.

OPTIONS:

No other options recommended.

FISCAL IMPACT:

None $80,555.00 Budgeted Item? Yes No
Budget Adjustment Needed? Yes No If yes, amount of appropriation increase: $ Affected fund(s): General Fund Water OM Fund Sewer OM Fund Other:

Comments:

Meeting Date: 12/3/2024 Page 2 Agenda Item #IV.E.
382235.1
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:

Move to adopt the resolution accepting the Exchange of Granulated Activated Carbon, Bid NO. 24-08, and authorize the filing of the Notice of Completion.

Attachments: 1. Resolution

2. Notice of Completion
382231.1
RESOLUTION NO. ( 2024 )

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKEPORT ACCEPTING THE GRANULAR ACTIVATED CARBON EXCHANGE, BID NO. 24-08, AND AUTHORIZING THE

FILING OF THE NOTICE OF COMPLETION
WHEREAS, the final inspection of the Granular Activated Carbon Exchange Project, Bid No. 24-08, was made by the City of Lakeport’s Public Works Department; and
WHEREAS, it was determined that the work for this project has been completed in substantial compliance with the project plans and specifications.

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

1. The City Council hereby accepts the work as completed on the Granular Activated Carbon Exchange Project, Bid No. 24-08.

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

The foregoing Resolution was adopted at a regular meeting of the City Council of the City of Lakeport held on the on the 3rd day of December, 2024 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

APPROVED:
_______________________________
Michael Froio, Mayor
City of Lakeport
ATTEST:
_________________________________
Hilary Britton , Deputy City Clerk
City of Lakeport
4E.2 2-Notice of Completion GAC(382236.1) MH
382236.1

RECORDING REQUESTED BY
City of Lakeport

AND WHEN RECORDED MAIL THIS DEED,
UNLESS OTHERWISE SHOWN BELOW.

MAIL TAX STATEMENTS TO:

1. The Undersigned is owner of the interest stated below in the property hereinafter described:

2. The NAME (including that of the undersigned), ADDRESS and NATURE OF TITLE of every person owning any interest in such property is as follows:

City of Lakeport 225 Park St, Lakeport, CA 95453 Fee Simple (NAME OF UNDERSIGNED)

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

4. A work of improvement on the property hereinafter described was COMPLETED ON 11/8/2024

5. The name of the CONTRACTOR for such work of improvement was Calgon Carbon Corporation 3000 GSK Drive Moon Township, PA
15108
(If no Contractor, insert “NONE”

6. The property on which said work of improvement was completed is in the City of Lakeport , county of Lake State of California, and is described as follows:.

Remove spent granular activated carbon and replace with virgin activated carbon.

7. The street address of said property is: 590 Konocti Ave., Lakeport, CA Dated: 11/12/2024
Signature of
Owner or Owners }
Kevin Ingram, City Manager
Verification for NON-INDIVIDUAL owner: I, the undersigned, declare under penalty of perjury under the laws of the State of California that I am the City Manager of the aforesaid interest or estate in (“PRESIDENT, PARTNER, MANAGER, AGENT, ETC.”
the property described in the above notice; that I have read the said notice, that I know and understand the contents thereof, and that the facts stated therein are true and correct.

Date and Place (Signature of person signing on behalf of owner)) Meeting Date: 12/03/2024 Page 1 Agenda Item # IV.F.

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: Update to Master Salary Schedule MEETING DATE: 12/03/2024 SUBMITTED BY: Kelly Buendia, Administrative Services Director PURPOSE OF REPORT: Information only Discussion Action Item WHAT IS BEING ASKED OF THE CITY COUNCIL/BOARD:

The City Council is being asked to approve updates to the Master Salary Schedule.

BACKGROUND/DISCUSSION:

CalPERS, pursuant to its interpretation of California Code of Regulations, title 2, section 570.5, recommends all CalPERS employers maintain their compensation levels in a publicly available pay schedule, approved and adopted by the governing body.

The City Council approved a Compensation and Benefits Program for Unrepresented Management via Resolution 2970 (2024) on 11/19/2024, which included changes to salary effective the first pay period after 7/1/2024.

In compliance with California Code of Regulations, title 2, section 570.5, the revised schedule will be made publicly available on the City’s website.

OPTIONS:

The Council could deny this request and provide other direction to staff.

FISCAL IMPACT:

There is no fiscal impact in approving salary schedules. The Council approves staffing costs through the budget process.

Budgeted Item? Yes No
Budget Adjustment Needed? Yes No If yes, amount of appropriation increase:

Affected fund(s): General Fund Water OM Fund Sewer OM Fund Other:

SUGGESTED MOTIONS:

Move to approve a Resolution rescinding Resolution 2957 (2024) and revising the Master Pay Schedule in conformance with California Code of Regulations, Title 2, Section 570.5.

Meeting Date: 12/03/2024 Page 2 Agenda Item # IV.F.

Attachments: 1. Resolution Rescinding Resolution xxxx (2024) and Revising the Master Pay Schedule in Conformance with California Code of Regulations Title 2, Section 570.5

2. Master Salary Schedule

Page 1 ends

191565.1
RESOLUTION NO. XXXX (2024)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKEPORT RESCINDING RESOLUTION 2957 (2024) AND REVISING THE

MASTER PAY SCHEDULE IN CONFORMANCE WITH CALIFORNIA
CODE OF REGULATIONS, TITLE 2, SECTION 570.5
WHEREAS, the City Council approved a Compensation and Benefits Program for the Unrepresented Management in Resolution 2970 (2024), which included changes to salary effective the first pay period after 7/1/2024; and
WHEREAS, the California Public Employees’ Retirement System (CalPERS) has requested all CalPERS employers list their compensation levels on one document, approved and adopted by the governing body, in accordance with title 2 of the California Code of Regulations, section 570.5, and meeting all of the following requirements thereof:

1. Has been duly approved and adopted by the employer's governing body in accordance with requirements of applicable public meetings laws;

2. Identifies the position title for every employee position;

3. Shows the pay rate for each identified position, which may be stated as a single amount or as multiple amounts within a range;

4. Indicates the time base, including, but not limited to, whether the time base is hourly, daily, bi-weekly, monthly, bi-monthly, or annually;

5. Is posted at the office of the employer or immediately accessible and available for public review from the employer during normal business hours or posted on the employer's internet website;

6. Indicates an effective date and date of any revisions;

7. Is retained by the employer and available for public inspection for not less than five years; and

8. Does not reference another document in lieu of disclosing the pay rate.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKEPORT, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1.

Resolution 2957 (2024) is rescinded.

SECTION 2.

The City Council affirms the previously approved separate compensation levels for represented Bargaining Unit positions and the Compensation Plans for the unrepresented positions through, by and with the adoption of the single Master Pay Schedule attached hereto as Exhibit A.

SECTION 3. The City Council affirms the single Master Pay Schedule attached hereto meets all of the requirements of title 2 of the California Code of Regulations, section 570.5, including but

Page 2 ends

191565.1
not limited to directing staff to post it at the City, make it immediately available for public review during normal business hours and/or post on the City’s internet website and be retained by the City and available for public inspection for not less than five years.

DULY AND REGULARLY ADOPTED on this 3rd day of December, 2024, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
________________________________
MICHAEL FROIO, Mayor
ATTEST:
______________________________
KELLY BUENDIA, City Clerk
Job Classification Class Range Unit A B C D E F
City Manager n-a contract 12,441 n-a n-a n-a n-a n-a
Office Specialist GU108 LEA 2,787 2,926 3,072 3,226 3,387 3,556 Parks Maintenance Worker I GU124 LEA 3,018 3,169 3,327 3,493 3,668 3,851 Equipment Mechanic I GU131 LEA 3,124 3,280 3,444 3,616 3,797 3,987 Maintenance Worker I GU138 LEA 3,236 3,398 3,568 3,746 3,933 4,130 Parks Maintenance Worker II GU139 LEA 3,252 3,415 3,586 3,765 3,953 4,151 Police Records & Evidence Clerk GU139 LEA 3,252 3,415 3,586 3,765 3,953 4,151 Administrative Specialist I GU140 LEA 3,268 3,431 3,603 3,783 3,972 4,171 Financial Services Specialist I GU140 LEA 3,268 3,431 3,603 3,783 3,972 4,171 Deputy City Clerk I GU156 LEA 3,540 3,717 3,903 4,098 4,303 4,518 Utility Operator I GU162 LEA 3,648 3,830 4,022 4,223 4,434 4,656 Financial Services Specialist II GU165 LEA 3,702 3,887 4,081 4,285 4,499 4,724 Maintenance Worker II GU165 LEA 3,702 3,887 4,081 4,285 4,499 4,724 Engineering Technician I GU172 LEA 3,835 4,027 4,228 4,439 4,661 4,894 * Administrative Specialist II GU174 LEA 3,873 4,067 4,270 4,484 4,708 4,943 Equipment Mechanic II GU175 LEA 3,892 4,087 4,291 4,506 4,731 4,968 Assistant Planner GU181 LEA 4,011 4,212 4,423 4,644 4,876 5,120 Deputy City Clerk II GU181 LEA 4,011 4,212 4,423 4,644 4,876 5,120 Maintenance Worker III GU181 LEA 4,011 4,212 4,423 4,644 4,876 5,120 Parks Leadworker GU181 LEA 4,011 4,212 4,423 4,644 4,876 5,120 Permit Technician GU181 LEA 4,011 4,212 4,423 4,644 4,876 5,120 Utility Operator/MWII GU181 LEA 4,011 4,212 4,423 4,644 4,876 5,120 Utility Operator II GU196 LEA 4,322 4,538 4,765 5,003 5,253 5,516 Engineering Technician II GU197 LEA 4,344 4,561 4,789 5,028 5,279 5,543 Parks Maintenance Foreman GU197 LEA 4,344 4,561 4,789 5,028 5,279 5,543 GIS/Asset Management Technician GU199 LEA 4,388 4,607 4,837 5,079 5,333 5,600 * Administrative Analyst GU206 LEA 4,543 4,770 5,009 5,259 5,522 5,798 Housing Specialist GU206 LEA 4,543 4,770 5,009 5,259 5,522 5,798 Building Inspector GU213 LEA 4,704 4,939 5,186 5,445 5,717 6,003 Financial Services Specialist III GU213 LEA 4,704 4,939 5,186 5,445 5,717 6,003 Police Records Supervisor GU219 LEA 4,848 5,090 5,345 5,612 5,893 6,188 Utility Operator III GU221 LEA 4,896 5,141 5,398 5,668 5,951 6,249 Wastewater Systems Supervisor I GU223 LEA 4,945 5,192 5,452 5,725 6,011 6,312 Water Operations Supervisor I GU223 LEA 4,945 5,192 5,452 5,725 6,011 6,312 * Deputy City Clerk III - Records Supervisor GU233 LEA 5,198 5,458 5,731 6,018 6,319 6,635 Associate Planner GU233 LEA 5,198 5,458 5,731 6,018 6,319 6,635 Electrical Mechanical Technician (EMT) GU233 LEA 5,198 5,458 5,731 6,018 6,319 6,635 Projects Coordinator GU233 LEA 5,198 5,458 5,731 6,018 6,319 6,635 Public Works Foreman GU240 LEA 5,383 5,652 5,935 6,232 6,544 6,871 Utilities Underground Superviosr GU240 LEA 5,383 5,652 5,935 6,232 6,544 6,871 Wastewater Systems Supervisor II GU244 LEA 5,491 5,766 6,054 6,357 6,675 7,009 Steps

CITY OF LAKEPORT

MASTER PAY SCHEDULE

MONTHLY RATES WITH STEPS
Effective First Pay Period after 7/1/24
Adopted 12/3/24
Water Operations Supervisor II GU244 LEA 5,491 5,766 6,054 6,357 6,675 7,009 Water/Wastewater Treatment Supervisor GU279 LEA 6,538 6,865 7,208 7,568 7,946 8,343 Police Officer I PO177 POA 5,020 5,271 5,535 5,812 6,103 6,408 Police Officer II PO197 POA 5,546 5,823 6,114 6,420 6,741 7,078 Police Officer III PO217 POA 6,127 6,433 6,755 7,093 7,448 7,820 Police Detective PO237 POA 6,771 7,110 7,466 7,839 8,231 8,643 Police Sergeant PO237 POA 6,771 7,110 7,466 7,839 8,231 8,643 Compliance Coordinator I MM102 UM 6,246 6,558 6,886 7,230 7,592 n-a Government Accountant MM102 UM 6,246 6,558 6,886 7,230 7,592 n-a Planning Services Manager MM102 UM 6,246 6,558 6,886 7,230 7,592 n-a Compliance Officer II MM122 UM 6,901 7,246 7,608 7,988 8,387 n-a Public Works Superintendent I MM122 UM 6,901 7,246 7,608 7,988 8,387 n-a Building Official MM123 UM 6,936 7,283 7,647 8,029 8,430 n-a Public Works Superintendent II MM137 UM 7,437 7,809 8,199 8,609 9,039 n-a Utilities Superintendent MM142 UM 7,625 8,006 8,406 8,826 9,267 n-a Police Lieutenant MM151 UM 7,975 8,374 8,793 9,233 9,695 n-a Public Works Director MM164 UM 8,510 8,936 9,383 9,852 10,345 n-a Utilities Director MM164 UM 8,510 8,936 9,383 9,852 10,345 n-a Police Captain MM170 UM 8,770 9,209 9,669 10,152 10,660 n-a Administrative Services Dir./City Clerk MM173 UM 8,901 9,346 9,813 10,304 10,819 n-a Finance Director MM173 UM 8,901 9,346 9,813 10,304 10,819 n-a Community Development Director MM177 UM 9,081 9,535 10,012 10,513 11,039 n-a Assistant City Manager MM190 UM 9,689 10,173 10,682 11,216 11,777 n-a Police Chief MM202 UM 10,287 10,801 11,341 11,908 12,503 n-a City Engineer/Public Works Director MM229 UM 11,762 12,350 12,968 13,616 14,297 n-a

HOURLY AT-WILL EMPLOYEES
Police Officer Trainee n-a n-a
LEA = Lakeport Employees' Association, salaries effective 7/6/2024 - Resolution No. 2961 (2024) UM = Unrepresented Management, salaries effective 7/6/24 - Resolution No. XXXX (2024) POA = Lakeport Police Officers' Association, salaries effective 9/18/2022 - Resolution No. 2890 (2022) City Manager contract amended effective 12/06/2022, Resolution No. 2897 (2022) *Classifications may include Confidential employees - Resolution 2657 (2018) $19.50 - $24.89 per hour
Meeting Date: 12/03/2024 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: Public Hearing for an Ordinance Adding Chapter 5.40, Tobacco Retailer License to Title 5 of the Lakeport Municipal Code MEETING DATE: 12/03/2024
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 asked to conduct a second reading and hold a public hearing to consider the adoption of an Ordinance Adding Chapter 5.40, Tobacco Retailer License to Title 5 of the Lakeport Municipal Code.

BACKGROUND/DISCUSSION:

Lake County faces significant health challenges, including a high rate of tobacco use. Tobacco use and vaping are prevalent among even younger populations and is a significant problem in our school system. In September the Council received a presentation from Lake County Public Health regarding their recently adopted ordinance establishing a tobacco retail license program. The presentation also detailed their efforts to secure a grant for a tobacco enforcement program aimed at ensuring compliance with existing California state laws on tobacco sales.

During that meeting, the City Council expressed support for establishing local tobacco retail regulations and partnering with Lake County Public Health to develop an enforcement program with a specific focus on reducing sales to minors. However, concerns were raised by a member Council that the penalties for first-time offenses outlined in the County’s ordinance might be unreasonably high.

The City has engaged in conversations with the County of Lake and the City of Clearlake to create consistent tobacco retailer regulations that can be implemented countywide by Lake County Public Health.

On August 16, 2024, the Lake County Board of Supervisors adopted an ordinance regulating tobacco retailers.

The proposed ordinance before the Council aligns closely with the County's ordinance but includes additional flexibility for enforcement responsibilities. Specifically, the ordinance designates the City Manager as responsible for enforcement. This designation allows the City Manager to delegate enforcement authority to any agency, department, or individual as approved by the City Council.

The ordinance also explicitly permits the City Council to enter into agreements with the County or other agencies to perform enforcement duties. City staff recommends contracting with Lake County Public Health to enforce and administer the ordinance. However, should the City choose to alter this arrangement in the future, the ordinance ensures that enforcement authority remains clearly under the City's jurisdiction.

This proposed approach provides flexibility while maintaining the necessary structure to effectively regulate tobacco retail activities and protect public health.

A public meeting for the first reading of the draft ordinance took place during the Lakeport City Council's regular meeting on November 19, 2024. At the meeting, Lake County Public Health presented a comprehensive report Meeting Date: 12/03/2024 Page 2 Agenda Item # VI.A.
on the proposed enforcement program, including an analysis of the prevalence of illegal tobacco sales to youth in Lake County. Several community members voiced their support for stronger enforcement measures against illegal tobacco sales to minors and urged the City Council to adopt the ordinance.

OPTIONS:

1. Conduct a second reading and public hearing for the adoption of an Ordinance Adding Chapter 5.40, Tobacco Retailer License to Title 5 of the Lakeport Municipal Code.

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

3. The City Council could decide not to adopt the ordinance which would leave the City without a tobacco retail license program.

4. Or alternatively, the Council may provide staff 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:

Comments: No direct fiscal impact to the Lakeport budget.

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 an Ordinance of the City Council of the City of Lakeport Adding Chapter 5.40 to Title 5 of the Lakeport Municipal Code Requiring the Licensure of Tobacco Retailers, Regulating the Sale of Tobacco Products, and Determining That This Ordinance Is Not Subject to the California Environmental Quality Act.

Attachments: 1. Draft Ordinance Adding Chapter 5.40, Tobacco Retailer License to Title 5 of the Lakeport Municipal Code.

2. Redlined Version of Draft Ordinance Highlighting Differences Between the Proposed City of Lakeport Ordinance and the County of Lake Ordinance 1 ORDINANCE NO. XX (2024)

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKEPORT ADDING CHAPTER

5.40 TO TITLE 5 OF THE LAKEPORT MUNICIPAL CODE REQUIRING THE LICENSURE OF

TOBACCO RETAILERS, REGULATING THE SALE OF TOBACCO PRODUCTS, AND

DETERMINING THAT THIS ORDINANCE IS NOT SUBJECT TO THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT
WHEREAS, the City finds it necessary and desirable to regulate the retail sale of tobacco and tobacco products to protect the health, safety, and welfare of our residents.

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

SECTION 1. Code Adoption. Chapter 5.40 (“Tobacco Retailer License”) is hereby added to Title 5 of the Lakeport Municipal Code to read as follows:

5.40.010 Definitions.

The following words and phrases, whenever used in this chapter, shall have the meanings defined in this section unless the context clearly requires otherwise.

A. “Arm’s length transaction” means a sale in good faith and for valuable consideration that reflects the fair market value between two informed and willing parties, neither of which is under any compulsion to participate in the transaction.

B. “Child-resistant packaging” means packaging that meets the definition set forth in Code of Federal Regulations, title 16, section 1700.15(b), as in effect on January 1, 2015, and was tested in accordance with the method described in Code of Federal Regulations, title 16, section 1700.20, as in effect on January 1, 2015.

C. “Cigar” means any roll of tobacco other than a cigarette wrapped entirely or in part in tobacco or any substance containing tobacco and weighing more than 4.5 pounds per thousand.

D. “Cigarette” means: (1) any roll of tobacco wrapped in paper or in any substance not containing tobacco; and (2) any roll of tobacco wrapped in any substance containing tobacco which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette described herein.

E. “City manager” means the city manager of the city of Lakeport and designee, and any agency, department, or person designated to enforce or administer the provisions of this chapter pursuant to an agreement approved by the city council.

F. “Compliance checks” means systems the city manager uses to investigate and ensure that tobacco retailers are following and complying with the requirements of this chapter. Compliance checks may involve the use of persons between the ages of 18 and 20 who purchase or attempt to purchase tobacco products. Compliance checks may also be conducted by the city manager or 2 other units of government for educational, research, and training purposes or for investigating or enforcing federal, state, or local laws and regulations relating to tobacco products.

G. “Day” means a calendar day.

H. “Delivery sale” means the sale of any tobacco product to any person for personal consumption and not for resale when the sale is conducted by any means other than an inperson, over-the-counter sales transaction in a tobacco retail establishment. Delivery sale includes the sale of any tobacco product when the sale is conducted by telephone, other voice transmission, mail, the internet, or app-based service. Delivery sale includes delivery by licensees or third parties by any means, including curbside pick-up.

I. “Electronic smoking device” means any device that may be used to deliver any aerosolized or vaporized substance to the person inhaling from the device, including, but not limited to, an e-cigarette, e-cigar, e-pipe, vape pen, or e-hookah. Electronic smoking device includes any component, part, or accessory of the device, and also includes any substance that may be aerosolized or vaporized by such device, whether or not the substance contains nicotine.

Electronic smoking device does not include drugs, devices, or combination products authorized for sale by the U.S. Food and Drug Administration, as those terms are defined in the Federal Food, Drug, and Cosmetic Act.

J. “Flavored tobacco product” means any tobacco product that imparts a taste or odor distinguishable by an ordinary consumer, other than the taste or odor of tobacco, either prior to or during the consumption of such tobacco product, including but not limited to tastes or odors relating to any fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, mint, wintergreen, menthol, herb, or spice; or a cooling or numbing sensation distinguishable by an ordinary consumer during the consumption of such tobacco product.

K. “Licensee” means a person granted a tobacco retailer’s license for the location at which tobacco retailing is to occur.

L. “Little cigar” means any roll of tobacco other than a cigarette wrapped entirely or in part in tobacco or any substance containing tobacco and weighing no more than 4.5 pounds per thousand. “Little cigar” includes, but is not limited to, tobacco products known or labeled as small cigar, little cigar, or cigarillo.

M. “Manufacturer” means any person, including any repacker or relabeler, who manufactures, fabricates, assembles, processes, or labels a tobacco product; or imports a finished tobacco product for sale or distribution into the United States.

N. “Moveable place of business” means any form of business that is operated out of a kiosk, truck, van, automobile or other type of vehicle or transportable shelter and not a fixed address store front or other permanent type of structure authorized for sales transactions. 3 O. “Person” means any natural person, partnership, cooperative association, corporation, personal representative, receiver, trustee, assignee, or any other legal entity.

P. “Proprietor” means a person with an ownership or managerial interest in a business. An ownership interest shall be deemed to exist when a person has a 10% or greater interest in the stock, assets, or income of a business other than the sole interest of security for debt. A managerial interest shall be deemed to exist when a person has or shares ultimate control over the day-to-day operations of a business.

Q. “Recreation facility” means an area, place, structure, or other facility that is used either permanently or temporarily for community recreation, even though it may be used for other purposes, and includes but is not limited to a gymnasium, playing court, playing field, and swimming pool.

R. “Sale” or “sell” means any transfer, exchange, barter, gift, offer for sale, or distribution for a commercial purpose, in any manner or by any means whatsoever.

S. “Self-service display” means the open display or storage of tobacco products in a manner that is physically accessible in any way to the general public without the assistance of the retailer or employee of the retailer and a direct face-to-face transfer between the purchaser and the retailer or employee of the retailer. A vending machine is a form of self-service display.

T. “Smoking” means inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, or pipe, or any other lighted or heated product containing, made, or derived from nicotine, tobacco, marijuana, or other plant, whether natural or synthetic, that is intended for inhalation. “Smoking” includes using an electronic smoking device.

U. “Tobacco product” means:

1. Any product containing, made of, or derived from tobacco or nicotine that is intended for human consumption or is likely to be consumed, whether inhaled, absorbed, or ingested by any other means, including but not limited to, a cigarette, a cigar, pipe tobacco, chewing tobacco, snuff, or snus;

2. Any electronic smoking device and any substances that may be aerosolized or vaporized by such device, whether or not the substance contains nicotine; or

3. Any component, part, or accessory of (1) or (2), whether or not any of these contains tobacco or nicotine, including but not limited to filters, rolling papers, blunt or hemp wraps, hookahs, mouthpieces, and pipes.

V. “Tobacco product” does not mean drugs, devices, or combination products authorized for sale by the U.S. Food and Drug Administration, as those terms are defined in the Federal Food, Drug, and Cosmetic Act.
4 W. “Tobacco retailer” means any person who sells, offers for sale, or exchanges or offers to exchange for any form of consideration, tobacco products. This definition is without regard to the quantity of tobacco products sold, offered for sale, exchanged, or offered for exchange.

X. “Tobacco retail” or “tobacco retailing” means engaging in the activities of a tobacco retailer.

5.40.020 General Requirements and Prohibitions.

A. Tobacco Retailer’s License Required. It shall be unlawful for any person to engage in tobacco retailing in the city without first obtaining and maintaining a valid tobacco retailer’s license for each location at which tobacco retailing is to occur. Tobacco retailing without a valid tobacco retailer’s license is a nuisance as a matter of law.

B. Lawful Business Operation. In the course of tobacco retailing or in the operation of the business or maintenance of the location for which a license issued, it shall be a violation of this chapter for a licensee, or any of the licensee’s agents or employees, to violate any local, state, or federal law applicable to the sale of tobacco products.

C. Smoking Prohibited. Smoking, including smoking for the purpose of sampling any tobacco product, is prohibited within the indoor area of any retail establishment licensed under this chapter. Smoking is also prohibited outdoors within 25 feet of any retail establishment licensed under this chapter.

D. Minimum Legal Sales Age. No person engaged in tobacco retailing shall sell a tobacco product to a person under 21 years of age.

E. Display of License. Each tobacco retailer license shall be prominently displayed in a publicly visible location at the licensed location.

F. Positive Identification Required. No person engaged in tobacco retailing shall sell a tobacco product to another person without first verifying by means of government-issued photographic identification that the recipient is at least 21 years of age.

G. Self-Service Displays Prohibited. Tobacco retailing by means of a self-service display is prohibited. All tobacco products must be stored behind the sales counter, in a locked case, in a storage unit, or in another area not freely accessible to the general public.

H. Distance From Youth Appealing Products. It is unlawful for a tobacco retailer to place or maintain, or cause to be placed or maintained, any displays containing tobacco products within five feet of toys, candy, snacks or non-alcoholic beverages inside a licensed retail establishment.

I. On-Site Sales. All sales of tobacco products shall be conducted in-person in the licensed location. It shall be a violation of this chapter for any tobacco retailer or any of the tobacco retailer’s agents or employees to engage in the delivery sale of tobacco products or to knowingly 5 or recklessly sell or provide tobacco products to any person that intends to engage in the delivery sale of the tobacco product in the city.

5.40.030 Sale of Flavored Tobacco Products Prohibited.

A. Flavored Tobacco Product Sales Prohibited. It shall be unlawful for any tobacco retailer to sell any flavored tobacco product.

B. Presumptive Flavored Tobacco Product. A public statement or claim made or disseminated by the manufacturer of a tobacco product, or by any person authorized or permitted by the manufacturer to make or disseminate public statements concerning such tobacco product, that such tobacco product has a taste or smell other than tobacco shall constitute presumptive evidence that the tobacco product is a flavored tobacco product.

5.40.040 Tobacco Product Pricing and Packaging.

A. Packaging and Labeling. No tobacco retailer shall sell any tobacco product to any consumer unless the tobacco product: (1) is sold in the manufacturer’s packaging intended for sale to consumers; (2) conforms to all applicable federal labeling requirements; and (3) conforms to all applicable child-resistant packaging requirements.

B. Display of Price. The price of each tobacco product offered for sale shall be clearly and conspicuously displayed on the tobacco product or on any related shelving, posting, advertising, or display at the location where the item is sold or offered for sale.

C. Distribution of Tobacco Samples or Promotional Items. It is unlawful for any person to distribute free or nominally priced tobacco products.

5.40.050 Limits on Eligibility for a Tobacco Retailer License.

A. Mobile Vending. No license may issue to authorize tobacco retailing at other than a fixed location. No tobacco retail license will be issued to a moveable place of business.

B. Licensed Cannabis Businesses. No license may issue, and no existing license may be renewed, to authorize tobacco retailing at a location licensed for commercial cannabis activity by the State of California.

5.40.060 Application Procedure.

A. An application for a tobacco retailer’s license shall be submitted in the name of each proprietor proposing to conduct retail tobacco sales and shall be signed by each proprietor or an authorized agent thereof. All applications shall be submitted on a form supplied by the city manager.

B. A license issued contrary to this chapter, contrary to any other law, or on the basis of false or misleading information shall be revoked pursuant to Section 5.40.130(C). Nothing in this 6 chapter shall be construed to vest in any person obtaining and maintaining a tobacco retailer’s license any status or right to act as a tobacco retailer in contravention of any provision of law.

C. Applicant submissions shall contain the following information:

1. The name, address, and telephone number of each proprietor of the business seeking a license.

2. The business name, address, and telephone number of the location for which a license is sought.

3. The name and mailing address authorized by each proprietor to receive all communications and notices required by, authorized by, or convenient to the enforcement of this chapter.

4. Proof that the location for which a tobacco retailer’s license is sought has been issued all necessary state and local licenses for the sale of tobacco products.

5. Whether or not any proprietor or any agent of the proprietor has admitted violating, or has been found to have violated, this chapter or any other local, state, or federal law governing the sale of tobacco products and, if so, the dates and locations of all such violations within the previous five (5) years.

6. Such other information as the city manager deems necessary for the administration or enforcement of this chapter as specified on the application form required by this section.

D. A licensed tobacco retailer shall inform the city manager in writing of any change in the information submitted on an application for a tobacco retailer’s license within thirty (30) days of a change.

5.40.070 License Issuance or Denial.

A. Issuance of License. Upon the receipt of a complete and adequate application for a tobacco retailer’s license and the license fee required by this chapter, the city manager may approve or deny the application for a license, or it may delay action for a reasonable period of time to complete any investigation of the application or the applicant deemed necessary.

B. Denial of Application. The city manager may deny an application for a tobacco retailer’s license based on any of the following:

1. The information presented in the application is inaccurate or false. Intentionally supplying inaccurate or false information shall be a violation of this chapter;

2. The application seeks authorization for tobacco retailing at a location for which the city prohibits a license to be issued;
7 3. The application seeks authorization for tobacco retailing for a proprietor to whom this chapter prohibits a license to be issued; or

4. The application seeks authorization for tobacco retailing in a manner that is prohibited pursuant to this chapter, that is unlawful pursuant to any other chapter of this Code, or that is unlawful pursuant to any other law; or

5. Any other any other reason the granting of a license to the applicant that is not consistent with the requirements of this chapter, including the applicant’s history of noncompliance with this chapter and other laws relating to the sale of tobacco products.

5.40.080 License Renewal and Expiration.

A tobacco retailer’s license is invalid if the appropriate fee has not been timely paid in full or if the term of the license has expired. The term of a tobacco retailer license is one (1) year. Each tobacco retailer shall apply for the renewal of their tobacco retailer’s license and submit the license fee no later than thirty (30) days prior to expiration of the current license. A retailer that fails to timely submit a renewal application and fee is ineligible for license renewal and must submit a new application pursuant to Section 5.40.060.

5.40.090 Licenses Not Transferrable, Past Violations at Retail Location.

A. Licenses Not Transferable. A tobacco retailer’s license may not be transferred from one person to another or from one location to another. A new tobacco retailer’s license is required whenever a tobacco retailing location has a change in proprietors.

B. Past Violations. Notwithstanding any other provision of this chapter, prior violations at a location shall continue to be counted against a location and license ineligibility periods shall continue to apply to a location unless:

1. The location has been transferred to new proprietor(s) in an arm’s length transaction; and

2. The city manager determines that there is adequate documentary evidence submitted by the new proprietor(s) establishing that the new proprietor(s) have acquired the location in an arm’s length transaction.

5.40.100 License Conveys a Limited, Conditional Privilege.

Nothing in this chapter shall be construed to grant any person obtaining and maintaining a tobacco retailer’s license any status or right other than the limited conditional privilege to act as a tobacco retailer at the location in the city identified on the face of the permit. Nothing in this chapter shall be construed to render inapplicable, supersede, or apply in lieu of, any other provision of applicable law.
8 5.40.110 Fee for License.

The fee to issue or to renew a tobacco retailer’s license shall be established by resolution of the city council and shall be reviewed with the master fee schedule. The fee shall be calculated so as to recover the total cost of administration and enforcement of this chapter, including, but not limited to, issuing a license, administering the license program, retailer education, retailer inspection and compliance checks, documentation of violations, and prosecution of violators, ensure the licensee has a hazardous waste management plan for disposal of tobacco product waste, but shall not exceed the cost of the administration and enforcement of this chapter. All fees and interest upon proceeds of fees shall be used exclusively to fund the administration and enforcement of this chapter. Fees are nonrefundable except as may be required by law.

5.40.120 Compliance Monitoring.

A. Compliance with this chapter may be monitored by the city manager or any law enforcement agency. In addition, the city manager may designate additional persons to monitor compliance with this chapter.

B. All licensed premises must be open to inspection by the city manager or designated persons during regular business hours. At the conclusion of any premise inspection, the license holder shall be provided a report, which, among other things, shall note any documented violations and provide the license holder no greater than fourteen (14) days to cure such violations. Any corrections shall be verified via documentation submitted by the license holder and/or in a subsequent inspection after the period to cure has lapsed.

C. Prior to the city manager’s approval or denial of an application for a license, the city manager shall inspect each proposed location for which a complete application for a tobacco retail license is submitted and a nonrefundable application fee has been paid.

D. The city manager shall endeavor to inspect each tobacco retailer at least one time per 12- month period to ensure compliance with this chapter.

E. The city manager may conduct compliance checks based on allegations of violations received from the public, as resources allow. In collaboration with law enforcement, compliance checks may involve the participation of persons between the ages of 18 and 20 to enter licensed premises to attempt to purchase tobacco products.

F. Nothing in this section shall create a right of action in any licensee or other person against the city or its agents.

5.40.130 Suspension or Revocation of License.

A. Fines, Suspension or Revocation of License for Violation. In addition to any other penalty authorized by law, the following penalties shall be imposed on a tobacco retailer or licensee if the city manager finds, after the licensee is afforded notice and an opportunity to be heard, that 9 the licensee, or any of the licensee’s agents or employees, have violated any of the requirements, conditions, or prohibitions of Sections 5.40.020 through 5.40.050 of this chapter.

1. Upon a finding by the city manager of a first violation at a location, the license shall be suspended for thirty (30) days and the tobacco retailer shall pay a $1000 fine.

2. Upon a finding by the city manager of a second violation at a location within any 60-month period, the license shall be suspended for ninety (90) days and the tobacco retailer shall pay a $2500 fine.

3. Upon a finding by the city manager of a third violation at a location within any 60- month period, the license shall be suspended for one-hundred and twenty (120) days and the tobacco retailer shall pay a $5000 fine.

4. Upon a finding by the city manager of four or more violations at a location within any 60-month period, the license shall be revoked, and no new license shall issue for the licensee until five (5) years have passed from the date of revocation.

B. Appeal of Suspension or Revocation. A decision of the city manager to impose penalties under Section 5.40.130(A) is appealable to a third-party hearing officer designated by the city manager and any appeal must be filed in writing with the city manager within ten (10) days of mailing of the city manager’s decision. The appeal shall comply with the provisions of subsections (B)(1) - (B)(4) below. If such an appeal is timely made, it shall stay enforcement of the appealed action. An appeal to a hearing officer is not available for a revocation made pursuant to subsection (C) below.

1. Upon determining the existence of any of the grounds pursuant to this chapter for the suspension or revocation of a license, or the imposition of a penalty for tobacco retailing without a license, the hearing officer shall issue a notice of intended decision to the licensee, or the person against whom the penalty for tobacco retailing without a license is directed. The notice shall be provided by personal service or by first class mail, postage prepaid, and shall include a copy of the affidavit or certificate of mailing.

2. The notice of intended decision shall state all the grounds upon which the revocation, suspension, or imposition of penalty is based.

3. The notice of intended decision shall specify the effective date of the action.

4. The notice of intended decision shall state that the city manager shall give the licensee, or the person subject to the penalty for tobacco retailing without a license, an opportunity to request a hearing thereon. The hearing shall be an informal hearing before the hearing officer. Within thirty (30) days of the hearing, or within ten (10) days if no hearing is requested, the hearing officer shall issue a decision and serve the decision.

C. Revocation of License Wrongly Issued. A tobacco retailer’s license shall be revoked if the city manager finds, after the licensee is afforded notice and an opportunity to be heard, that one 10 or more of the bases for denial of a license under Section 5.40.070 existed at the time application was made or at any time before the license issued. The decision by the city managershall be final.

5.40.140 Tobacco Retailing without a Valid License.

In addition to any other penalty authorized by law, if the city manager finds, or if a court of competent jurisdiction determines, after notice and an opportunity to be heard, that any person has engaged in tobacco retailing at a location without a valid tobacco retailer’s license, either directly or through the person’s agents or employees, the person shall be ineligible to apply for, or to be issued, a tobacco retailer’s license as follows:

A. After a first violation of this section at a location, no new license may issue for the person or the location (unless ownership of the business at the location has been transferred in an arm’s length transaction), until thirty (30) days have passed from the date of the violation; and the tobacco retailer will be issued a $5000 fine for selling without a license.

B. Notification of this violation will be sent to the jurisdiction in which the tobacco retailer was selling without a license.

5.40.150 Sale of Tobacco Products to Minors.

Any licensee or tobacco retailer who sells, gives, or in any way furnishes to another person who is under 21 years of age any tobacco products resulting in an arrest or citation under the California Penal Code shall result in the suspension of the tobacco retail owner’s license pending final disposition of the case. During the period of suspension, the licensee or tobacco retail owner shall be given reasonable notice and an opportunity to demonstrate to the city manager that the tobacco products were not sold, given, or in any way furnished to another person who is under 21 years of age.

A. Upon a finding by the city manager of a first violation at a location, the license shall be suspended for thirty (30) days unless final disposition of the case does not result in a conviction.

B. Upon a finding by the city manager of a second violation at a location within any 60-month period, the license shall be suspended for ninety (90) days unless final disposition of the case does not result in a conviction.

C. Upon a finding by the city manager of a third violation at a location within any 60-month period, the license shall be suspended for one-hundred and twenty (120) days unless final disposition of the case does not result in a conviction.

D. Upon a finding by the city manager of four or more violations at a location within any 60- month period, the license shall be revoked, and no new license shall issue for the licensee until five (5) years have passed from the date of revocation unless final disposition of the case does not result in a conviction.
11 5.40.160 Additional Remedies.

A. The remedies provided by this chapter are cumulative and in addition to any other remedies available at law or in equity.

B. Whenever evidence of a violation of this chapter is obtained in any part through the participation of a person under the age of 21 years, such person shall not be required to appear or give testimony in any civil or administrative process brought to enforce this chapter and the alleged violation shall be adjudicated based upon the evidence presented.

C. In addition to other remedies provided by this chapter or by other law, any violation of this chapter may be remedied by criminal prosecution by the district attorney and/or administrative or judicial nuisance abatement proceedings, civil code enforcement proceedings, and suits for injunctive relief.

D. For the purposes of the civil remedies provided in this chapter:

1. Each day on which a tobacco product is distributed, sold, or offered for sale in violation of this chapter shall constitute a separate violation of this chapter; and

2. Each individual tobacco product that is distributed, sold, or offered for sale in violation of this chapter shall constitute a separate violation of this chapter.

E. All tobacco retailers are responsible for the actions of their employees relating to the sale, offer to sell, and furnishing of tobacco products at the retail location. The sale of any tobacco product by an employee shall be considered an act of the tobacco retailer.

5.40.170 Agreement for Administration and Enforcement.

The city council may enter into an agreement to provide for the enforcement and carrying out of the requirements of this chapter with the county or any agency, department, or person as the city council may from time to time deem necessary or advisable.

5.40.180 Exceptions.

A. Nothing in this chapter prevents the provision of tobacco products to any person as part of an indigenous practice or a lawfully recognized religious or spiritual ceremony or practice.

B. Nothing in this chapter shall be construed to penalize the purchase, use, or possession of a tobacco product by any person not engaged in tobacco retailing.

50.40.190 Construction & Severability.

It is the intent of the city council to supplement applicable state and federal law and not to duplicate or contradict such law and this ordinance shall be construed consistently with that intention. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this 12 chapter, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases of this chapter, or its application to any other person or circumstance. The city council hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.

SECTION 2. 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 3. Effective Date. This ordinance shall take effect thirty (30) days after adoption as provided by Government Code section 36937.

SECTION 4. 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 19th day of November 2024; and PASSED AND ADOPTED at a regular meeting of the City Council held on the 3rd day of December, 2024 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
____________________________
Michael Froio, Mayor
ATTEST:
_____________________________
Kelly Buendia, City Clerk
1 ORDINANCE NO. _______________XX (2024)
AN ORDINANCE OF LAKE COUNTY REGULATING TOBACCO PRODUCT SALES,THE CITY COUNCIL OF THE CITY OF LAKEPORT ADDING CHAPTER 5.40 TO TITLE 5 OF THE

LAKEPORT MUNICIPAL CODE REQUIRING THE LICENSURE OF TOBACCO RETAILERS, REGULATING THE SALE OF TOBACCO PRODUCTS, AND AMENDING THE LAKE COUNTY

CODEDETERMINING THAT THIS ORDINANCE IS NOT SUBJECT TO THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT
The Board of Supervisors of WHEREAS, the Lake County, State of California, ordains as follows:

SECTION I. FINDIINGS AND PURPOSE.
(a)Findings. The Board of Supervisors of the County of Lake hereby City finds it necessary and declares as follows:
(1) The Board of Supervisors finds that a local licensing system for desirable to regulate the retail sale of tobacco retailers is appropriate to ensure that retailers comply with tobacco control laws and business standards of the Board of Supervisors,tobacco products to protect the health, safety, and welfare of our residents; and.
(2) Approximately four hundred eighty thousand (480,000) people die in the United States from smoking‐ related diseases and exposure to secondhand smoke every year, making tobacco use the nation's leading cause of preventable death and continues to be an urgent public health issue; and (3) Despite the state's efforts to limit youth access to tobacco, youth are still able to access tobacco products, and
(4) Requiring tobacco retailers to obtain a tobacco retailer license will not unduly burden legitimate business activities of retailers who sell tobacco products to adults but will, however, allow the Board of Supervisors to regulate the operation of lawful businesses to discourage violations of federal, state, and local tobacco control and youth tobacco access laws, as evidenced by the following:

(i) Studies found increased retailer compliance and reduced tobacco sales to youth following implementation and active enforcement of youth tobacco sales laws paired with penalties for violations; and

(5) The State of California acknowledges that youth usage of flavored tobacco products continues to rise and that while the FDA recently announced a partial ban of certain flavored electronic cigarette products, the policy does not adequately address the health and safety of California children as it makes dangerous exemptions; and

2 (6) The State of California, in response to the rising epidemic of youth usage of flavored tobacco products, the intentional targeted marketing of certain flavored tobacco products to communities of color, low‐ income individuals, and the LGBTQ community, and the aggressive marketing of menthol‐flavored products to African American community members, enacted SB 793, which came into effect on December 21, 2022; and
(7) Unlike cigarette use that has steadily declined among youth, the prevalence of the use of non‐ cigarette tobacco products has increased among California youth; and (8) Strong policy enforcement and monitoring of retailer compliance with tobacco control policies (e.g., requiring identification checks) is necessary to achieve reductions in youth tobacco sales; and (9) State law explicitly permits cities and counties to enact local tobacco retail licensing ordinances, and allows for the suspension or revocation of a local license for a violation of any state tobacco control law (Cal. Bus. & Prof. Code Section 22971.3); and
(10) The Board of Supervisors has a substantial interest in protecting youth and underserved populations from the harms of tobacco use; and
(11) The Board of Supervisors finds that a local licensing system for tobacco retailers is appropriate to ensure that retailers comply with tobacco control laws and business standards of Lake County in order to protect the health, safety, and welfare of our residents; and NOW THEREFORE, it is the intent of the Board of Supervisors, in enacting this ordinance, to ensure compliance with the business standards and practices of Lake County and to encourage responsible tobacco retailing and to discourage violations of tobacco‐related laws, especially those which prohibit or discourage the sale or distribution of tobacco products to youth, but not to expand or reduce the degree to which the acts regulated by federal or state law are criminally proscribed or to alter the penalties provided therein.

SECTION II.

ARTICLE XIII Of CHAPTER 9 OF THE COUNTY CODE IS HEREBY ADDED AS FOLLOWS:

Section 1. DEFINITIONS. NOW, THEREFORE, the City Council of the City of Lakeport does ordain as follows:

SECTION 1. Code Adoption. Chapter 5.40 (“Tobacco Retailer License”) is hereby added to Title 5 of the Lakeport Municipal Code to read as follows:

5.40.010 Definitions.

The following words and phrases, whenever used in this articlechapter, shall have the meanings defined in this section unless the context clearly requires otherwise: . 3 A. (a) “Arm's Length Transaction“Arm’s length transaction” means a sale in good faith and for valuable consideration that reflects the fair market value between two informed and willing parties, neither of which is under any compulsion to participate in the transaction.

B. (b) “Child‐Resistant Packagingresistant packaging” means packaging that meets the definition set forth in Code of Federal Regulations, title 16, Sectionsection 1700.15(b), as in effect on January 1, 2015, and was tested in accordance with the method described in Code of Federal Regulations, title 16, Sectionsection 1700.20, as in effect on January 1, 2015.

C. (c) “Cigar” means any roll of tobacco other than a cigarette wrapped entirely or in part in tobacco or any substance containing tobacco and weighing more than 4.5 pounds per thousand.

D. (d) “Cigarette” means: (1) any roll of tobacco wrapped in paper or in any substance not containing tobacco; and (2) any roll of tobacco wrapped in any substance containing tobacco which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette described herein.

E. (e) “City manager” means the city manager of the city of Lakeport and designee, and any agency, department, or person designated to enforce or administer the provisions of this chapter pursuant to an agreement approved by the city council.

E.F. “Compliance checks” means systems the departmentcity manager uses to investigate and ensure that tobacco retailers are following and complying with the requirements of this articlechapter. Compliance checks may involve the use of persons between the ages of 18 and 20 who purchase or attempt to purchase tobacco products. Compliance checks may also be conducted by the departmentcity manager or other units of government for educational, research, and training purposes or for investigating or enforcing federal, state, or local laws and regulations relating to tobacco products.

G. (f) “Day” means a calendar day.

F.H. “Delivery sale” means the sale of any tobacco product to any person for personal consumption and not for resale when the sale is conducted by any means other than an in‐ person, over‐the‐counter sales transaction in a tobacco retail establishment. Delivery sale includes the sale of any tobacco product when the sale is conducted by telephone, other voice transmission, mail, the internet, or app‐based service. Delivery sale includes delivery by licensees or third parties by any means, including curbside pick‐up. (g) “Department” means Lake County Department of Health Services and any agency or person designated by the Department to enforce or administer the provisions of this article.

G.I. (h) “Electronic smoking device” means any device that may be used to deliver any aerosolized or vaporized substance to the person inhaling from the device, including, but not limited to, an e‐cigarette, e‐cigar, e‐pipe, vape pen, or e‐hookah. Electronic smoking device includes any component, part, or accessory of the device, and also includes any substance that 4 may be aerosolized or vaporized by such device, whether or not the substance contains nicotine.

Electronic smoking device does not include drugs, devices, or combination products authorized forsale by the U.S. Food and Drug Administration, asthose terms are defined in the Federal Food, Drug, and Cosmetic Act.

H.J. (i) “Flavored tobacco product” means any tobacco product that imparts a taste or odor distinguishable by an ordinary consumer, other than the taste or odor of tobacco, either prior to or during the consumption of such tobacco product, including but not limited to tastes or odorsrelating to any fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, mint, wintergreen, menthol, herb, or spice; or a cooling or numbing sensation distinguishable by an ordinary consumer during the consumption of such tobacco product.

I.K. (j) “Licensee” means a person granted a tobacco retailer'sretailer’s license for the location at which tobacco retailing is to occur.

J.L. (k) “Little Cigarcigar” means any roll of tobacco other than a cigarette wrapped entirely or in part in tobacco or any substance containing tobacco and weighing no more than 4.5 pounds per thousand. “Little Cigarcigar” includes, but is not limited to, tobacco products known or labeled as small cigar, little cigar, or cigarillo.

K.M. (l) “Manufacturer” means any person, including any repacker or relabeler, who manufactures, fabricates, assembles, processes, or labels a tobacco product; or imports a finished tobacco product for sale or distribution into the United States.

L.N. (m) “Moveable place of business” means any form of business that is operated out of a kiosk, truck, van, automobile or other type of vehicle or transportable shelter and not a fixed address store front or other permanent type of structure authorized for sales transactions.

M.O. (n) “Person” means any natural person, partnership, cooperative association, corporation, personal representative, receiver, trustee, assignee, or any other legal entity.

N.P. (o) “Proprietor” means a person with an ownership or managerial interest in a business. An ownership interest shall be deemed to exist when a person has a 10% or greater interest in the stock, assets, or income of a business other than the sole interest of security for debt. A managerial interestshall be deemed to exist when a person has orshares ultimate control over the day‐to‐day operations of a business.

O.Q. (p) “Recreation Facilityfacility” means an area, place, structure, or other facility that is used either permanently or temporarily for community recreation, even though it may be used for other purposes, and includes but is not limited to a gymnasium, playing court, playing field, and swimming pool.

P.R. (q) “Sale” or “Sellsell” means any transfer, exchange, barter, gift, offer for sale, or distribution for a commercial purpose, in any manner or by any means whatsoever. 5 Q.S. (r) “Self‐Service Displayservice display” means the open display or storage of tobacco products in a manner that is physically accessible in any way to the general public without the assistance of the retailer or employee of the retailer and a direct face‐to‐face transfer between the purchaser and the retailer or employee of the retailer. A vending machine is a form of self‐ service display.

R.T. (s) “Smoking” means inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, or pipe, or any other lighted or heated product containing, made, or derived from nicotine, tobacco, marijuana, or other plant, whether natural or synthetic, that is intended for inhalation. “Smoking” includes using an electronic smoking device.

S.U. (t)““Tobacco Productproduct” means:

1. (1) anyAny product containing, made of, or derived from tobacco or nicotine that is intended for human consumption or is likely to be consumed, whether inhaled, absorbed, or ingested by any other means, including but not limited to, a cigarette, a cigar, pipe tobacco, chewing tobacco, snuff, or snus;

2. (2) anyAny electronic smoking device and any substances that may be aerosolized or vaporized by such device, whether or not the substance contains nicotine; or

3. (3) anyAny component, part, or accessory of (1) or (2), whether or not any of these contains tobacco or nicotine, including but not limited to filters, rolling papers, blunt or hemp wraps, hookahs, mouthpieces, and pipes.

T.V. (u)““Tobacco product” does not mean drugs, devices, or combination products authorized for sale by the U.S. Food and Drug Administration, as those terms are defined in the Federal Food, Drug, and Cosmetic Act.

U.W. (v) “Tobacco Retailerretailer” means any person who sells, offers for sale, or exchanges or offers to exchange for any form of consideration, tobacco products. This definition is without regard to the quantity of tobacco products sold, offered for sale, exchanged, or offered for exchange.

V.X. (aa) “Tobacco Retailingretail” or “tobacco retailing” means engaging in the activities of a tobacco retailer.

Section 2. GENERAL REQUIREMENTS AND PROHIBITIONS.
(a) TOBACCO RETAILER'S LICENSE REQUIRED.5.40.020 General Requirements and Prohibitions.

A. Tobacco Retailer’s License Required. It shall be unlawful for any person to engage in tobacco retailing in Lake Countythe city without first obtaining and maintaining a valid tobacco 6 retailer'sretailer’slicense for each location at which tobacco retailing isto occur. Tobacco retailing without a valid tobacco retailer'sretailer’s license is a nuisance as a matter of law.

B. (b) LAWFUL BUSINESS OPERATION.Lawful Business Operation. In the course of tobacco retailing or in the operation of the business or maintenance of the location for which a license issued, it shall be a violation of this articlechapter for a licensee, or any of the licensee'slicensee’s agents or employees, to violate any local, state, or federal law applicable to the sale of tobacco products.

C. (c) SMOKING PROHIBITED.Smoking Prohibited. Smoking, including smoking for the purpose of sampling any tobacco product, is prohibited within the indoor area of any retail establishment licensed under this articlechapter. Smoking is also prohibited outdoors within 25 feet of any retail establishment licensed under this articlechapter.

D. (d) MINIMUM LEGAL SALES AGE.Minimum Legal Sales Age. No person engaged in tobacco retailing shall sell a tobacco product to a person under 21 years of age.

E. (e) DISPLAY OF LICENSE.Display of License. Each tobacco retailer license shall be prominently displayed in a publicly visible location at the licensed location.

F. (f) POSITIVE IDENTIFICATION REQUIRED.Positive Identification Required. No person engaged in tobacco retailing shall sell a tobacco product to another person without first verifying by means of government‐issued photographic identification that the recipient is at least 21 years of age.

G. (g) SELF‐SERVICE DISPLAYS PROHIBITED.Self‐Service Displays Prohibited. Tobacco retailing by means of a self‐service display is prohibited. All tobacco products must be stored behind the sales counter, in a locked case, in a storage unit, or in another area not freely accessible to the general public.

H. (h) DISTANCE FROM YOUTH APPEALING PRODUCTS.Distance From Youth Appealing Products. It is unlawful for a tobacco retailer to place or maintain, or cause to be placed or maintained, any displays containing tobacco products within five feet of toys, candy, snacks or non‐alcoholic beverages inside a licensed retail establishment.

I. (i) ON‐SITE SALES.On‐Site Sales. All sales of tobacco products shall be conducted in‐ person in the licensed location. Itshall be a violation of this articlechapter for any tobacco retailer or any of the tobacco retailer'sretailer’s agents or employees to engage in the delivery sale of tobacco products or to knowingly or recklessly sell or provide tobacco products to any person that intends to engage in the delivery sale of the tobacco product in Lake County. the city.

Section 3. SALE OF FLAVORED TOBACCO PRODUCTS PROHIBITED. (a) FLAVORED TOBACCO PRODUCT SALES PROHIBITED.5.40.030 Sale of Flavored Tobacco Products Prohibited.
7 A. Flavored Tobacco Product Sales Prohibited. It shall be unlawful for any tobacco retailer to sell any flavored tobacco product.

B. (b) PRESUMPTIVE FLAVORED TOBACCO PRODUCT.Presumptive Flavored Tobacco Product.

A public statement or claim made or disseminated by the manufacturer of a tobacco product, or by any person authorized or permitted by the manufacturer to make or disseminate public statements concerning such tobacco product, that such tobacco product has a taste or smell other than tobacco shall constitute presumptive evidence that the tobacco product is a flavored tobacco product.

Section 4. TOBACCO PRODUCT PRICING AND PACKAGING.
(a) PACKAGING AND LABELING.5.40.040 Tobacco Product Pricing and Packaging.

A. Packaging and Labeling. No tobacco retailer shall sell any tobacco product to any consumer unless the tobacco product: (1) is sold in the manufacturer'smanufacturer’s packaging intended for sale to consumers; (2) conforms to all applicable federal labeling requirements; and (3) conforms to all applicable child‐resistant packaging requirements.

B. (b) DISPLAY OF PRICE.Display of Price. The price of each tobacco product offered for sale shall be clearly and conspicuously displayed on the tobacco product or on any related shelving, posting, advertising, or display at the location where the item is sold or offered for sale.

C. (c) DISTRIBUTION OF TOBACCO SAMPLES OR PROMOTIONAL ITEMS.Distribution of Tobacco Samples or Promotional Items. It is unlawful for any person to distribute free or nominally priced tobacco products.

Section 5. LIMITS ON ELIGIBILITY FOR A TOBACCO RETAILER LICENSE. (a) MOBILE VENDING.5.40.050 Limits on Eligibility for a Tobacco Retailer License.

A. Mobile Vending. No license may issue to authorize tobacco retailing at other than a fixed location. No tobacco retail license will be issued to a moveable place of business.

B. (b) LICENSED CANNABIS BUSINESSES.Licensed Cannabis Businesses. No license may issue, and no existing license may be renewed, to authorize tobacco retailing at a location licensed for commercial cannabis activity by the State of California.

Section 6. APPLICATION PROCEDURE.
(a) 5.40.060 Application Procedure.

A. An application for a tobacco retailer'sretailer’s license shall be submitted in the name of each proprietor proposing to conduct retail tobacco sales and shall be signed by each proprietor or an authorized agent thereof. All applications shall be submitted on a form supplied by the Departmentcity manager.
8 B. (b) A license issued contrary to articlethis chapter, contrary to any other law, or on the basis of false or misleading information shall be revoked pursuant to Section 13(c) of this article.5.40.130(C). Nothing in this articlechapter shall be construed to vest in any person obtaining, and maintaining a tobacco retailer'sretailer’s license any status or right to act as a tobacco retailer in contravention of any provision of law.

C. (c) Applicant submissions shall contain the following information:

1. (1) The name, address, and telephone number of each proprietor of the business seeking a license.

2. (2) The business name, address, and telephone number of the location for which a license is sought.

3. (3) The name and mailing address authorized by each proprietor to receive all communications and notices required by, authorized by, or convenient to the enforcement of this articlechapter.

4. (4) Proof that the location for which a tobacco retailer'sretailer’s license is sought has been issued all necessary state and local licenses for the sale of tobacco products.

5. (5) Whether or not any proprietor or any agent of the proprietor has admitted violating, or has been found to have violated, this articlechapter or any other local, state, or federal law governing the sale of tobacco products and, if so, the dates and locations of all such violations within the previous five (5) years.

6. (6) Such other information asthe Departmentcity manager deems necessary for the administration or enforcement of this articlechapter as specified on the application form required by this section.

D. (d) A licensed tobacco retailer shall inform the Departmentcity manager in writing of any change in the information submitted on an application for a tobacco retailer'sretailer’s license within thirty (30 calendar) days of a change.

Section 7. LICENSE ISSUANCE OR DENIAL.
(a) ISSUANCE OF LICENSE.5.40.070 License Issuance or Denial.

A. Issuance of License. Upon the receipt of a complete and adequate application for a tobacco retailer'sretailer’s license and the license fee required by this articlechapter, the Departmentcity manager may approve or deny the application for a license, or it may delay action for a reasonable period of time to complete any investigation of the application or the applicant deemed necessary.

B. (b) DENIAL OF APPLICATION.Denial of Application. The Departmentcity manager may deny an application for a tobacco retailer'sretailer’s license based on any of the following:
9 1. (1) The information presented in the application is inaccurate or false.

Intentionally supplying inaccurate or false information shall be a violation of this articlechapter;

2. (2) The application seeks authorization for tobacco retailing at a location for which the jurisdictioncity prohibits a license to be issued;

3. (3) The application seeks authorization for tobacco retailing for a proprietor to whom this articlechapter prohibits a license to be issued; or

4. (4) The application seeks authorization for tobacco retailing in a manner that is prohibited pursuant to this articlechapter, that is unlawful pursuant to any other chapter of this Code, or that is unlawful pursuant to any other law.; or

5. (5) Any other any other reason the granting of a license to the applicant that is not consistent with the requirements of this articlechapter, including the applicant'sapplicant’s history of noncompliance with this articlechapter and other laws relating to the sale of tobacco products.

Section 8. LICENSE RENEWAL AND EXPIRATION.
(a) RENEWAL OF LICENSE. 5.40.080 License Renewal and Expiration.

A tobacco retailer'sretailer’s license is invalid if the appropriate fee has not been timely paid in full or if the term of the license has expired. The term of a tobacco retailer license is one (1) year.

Each tobacco retailer shall apply for the renewal of their tobacco retailer'sretailer’s license and submit the license fee no later than thirty (30) days prior to expiration of the current license. A retailer that fails to timely submit a renewal application and fee is ineligible for license renewal and must submit a new application pursuant to Section 65.40.060.

Section 9. LICENSES NOT TRANSFERABLE, PAST VIOLATIONS AT RETAIL LOCATION. (a) LICENSES NOT TRANSFERABLE.5.40.090 Licenses Not Transferrable, Past Violations at Retail Location.

A. Licenses Not Transferable. A tobacco retailer'sretailer’s license may not be transferred from one person to another or from one location to another. A new tobacco retailer'sretailer’s license is required whenever a tobacco retailing location has a change in proprietors.

B. (b) PAST VIOLATIONS.Past Violations. Notwithstanding any other provision of this articlechapter, prior violations at a location shall continue to be counted against a location and license ineligibility periods shall continue to apply to a location unless:

1. (1) theThe location has been transferred to new proprietor(s) in an arm'sarm’s length transaction; and
10 2. (2) the DepartmentThe city manager determines that there is adequate documentary evidence submitted by the new proprietor(s) establishing that the new proprietor(s) have acquired the location in an arm'sarm’s length transaction.

Section 10. LICENSE CONVEYS A LIMITED, CONDITIONAL PRIVILEGE.

5.40.100 License Conveys a Limited, Conditional Privilege.

Nothing in this articlechapter shall be construed to grant any person obtaining and maintaining a tobacco retailer'sretailer’s license any status or right other than the limited conditional privilege to act as a tobacco retailer at the location in the Lake Countycity identified on the face of the permit. Nothing in this articlechapter shall be construed to render inapplicable, supersede, or apply in lieu of, any other provision of applicable law.

Section 11. FEE FOR LICENSE.

5.40.110 Fee for License.

The fee to issue or to renew a tobacco retailer'sretailer’s license shall be established by resolution of the Board of Supervisorscity council and shall be reviewed annually with the master fee schedule.

The fee shall be calculated so as to recover the total cost of administration and enforcement of this articlechapter, including, but not limited to, issuing a license, administering the license program, retailer education, retailer inspection and compliance checks, documentation of violations, and prosecution of violators, ensure the licensee has a hazardous waste management plan for disposal of tobacco product waste, but shall not exceed the cost of the administration and enforcement of this articlechapter. All fees and interest upon proceeds of fees shall be used exclusively to fund the administration and enforcement of this articlechapter. Fees are nonrefundable except as may be required by law.

Section 12. COMPLIANCE MONITORING.

(a) 5.40.120 Compliance Monitoring.

A. Compliance with this article shall chapter may be monitored by the Departmentcity manager or any law enforcement agency. In addition, the Departmentcity manager may designate additional persons to monitor compliance with this article. chapter.

A.B. All licensed premises must be open to inspection by Department staffthe city manager or designated persons during regular business hours. At the conclusion of any premise inspection, the license holder shall be provided a report, which, among other things, shall note any documented violations and provide the license holder no greater than fourteen (14) days to cure such violations. Any corrections shall be verified via documentation submitted by the license holder and/or in a subsequent inspection after the period to cure has lapsed.

11 B.C. (b) Prior to the Department'scity manager’s approval or denial of an application for a license, the Departmentcity manager shall inspect each proposed location for which a complete application for a tobacco retail license issubmitted and a nonrefundable application fee has been paid.

C.D. (c) The Departmentcity managershall endeavor to inspect each tobacco retailer at least one time per 12‐month period to ensure compliance with this articlechapter.

D.E. (d) The Departmentcity manager may conduct compliance checks based on allegations of violations received from the public, asresources allow. In collaboration with law enforcement, compliance checks may involve the participation of persons between the ages of 18 and 20 to enter licensed premises to attempt to purchase tobacco products.

E.F. (e) Nothing in this section shall create a right of action in any licensee or other person against the Countycity or its agents.

Section 13. SUSPENSION OR REVOCATION OF LICENSE.
(a) FINES, SUSPENSION OR REVOCATION OF LICENSE FOR VIOLATION.5.40.130 Suspension or Revocation of License.

A. Fines, Suspension or Revocation of License for Violation. In addition to any other penalty authorized by law, the following penalties shall be imposed on a tobacco retailer or licensee if the Departmentcity manager finds, after the licensee is afforded notice and an opportunity to be heard, that the licensee, or any of the licensee'slicensee’s agents or employees, have violated any of the requirements, conditions, or prohibitions of Sections 25.40.020 through 5.40.050 of this articlechapter.

1. (1) Upon a finding by the Departmentcity manager of a first violation at a location, the license shall be suspended for thirty (30) days and the tobacco retailer shall pay a $1000 fine.

2. (2) Upon a finding by the Departmentcity manager of a second violation at a location within any 60‐month period, the license shall be suspended for ninety (90) days and the tobacco retailer shall pay a $2500 fine.

3. (3) Upon a finding by the Departmentcity manager of a third violation at a location within any 60‐month period, the license shall be suspended for one‐hundred and twenty (120) days and the tobacco retailer shall pay a $5000 fine.

4. (4) Upon a finding by the Departmentcity manager of four or more violations at a location within any 60‐month period, the license shall be revoked, and no new license shall issue for the licensee until five (5) years have passed from the date of revocation.

B. (b) APPEAL OF SUSPENSION OR REVOCATION.Appeal of Suspension or Revocation. A decision of the Departmentcity manager to impose penalties under Section 13(a5.40.130(A) is appealable 12 to a third‐party Hearing Officerhearing officer designated by the Departmentcity manager and any appeal must be filed in writing with the Departmentcity manager within ten (10) days of mailing of the Department'scity manager’s decision. The appeal shall comply with the provisions of subsections(bB)(1) ‐ (b)(5‐ (B)(4) below. Ifsuch an appeal istimely made, itshallstay enforcement of the appealed action. An appeal to a Hearing Officerhearing officer is not available for a revocation made pursuant to subsection (cC) below.

1. (1)Upon determining the existence of any of the grounds pursuant to this articlechapter for the suspension or revocation of a license, or the imposition of a penalty for tobacco retailing without a license, the Hearing Officerhearing officer shall issue a notice of intended decision to the licensee, or the person against whom the penalty for tobacco retailing without a license is directed. The notice shall be provided by personal service or by first class mail, postage prepaid, and shall include a copy of the affidavit or certificate of mailing.

2. (2)The notice of intended decision shall state all the grounds upon which the revocation, suspension, or imposition of penalty is based.

3. (3)The notice of intended decision shall specify the effective date of the action.

4. (4) The notice of intended decision shall state that the Departmentcity manager shall give; the licensee, or the person subject to the penalty for tobacco retailing without a license, an opportunity to request a hearing theronthereon. The hearing shall be an informal hearing before the Hearing Officer.hearing officer. Within thirty (30) days of the hearing, or within ten (10) days if no hearing is requested, the Hearing Officerhearing officer shall issue a decision and serve the decision.

C. (c) REVOCATION OF LICENSE WRONGLY ISSUED.Revocation of License Wrongly Issued. A tobacco retailer'sretailer’s license shall be revoked if the Departmentcity manager finds, after the licensee is afforded notice and an opportunity to be heard, that one or more of the bases for denial of a license under Section 75.40.070 existed at the time application was made or at any time before the license issued. The decision by the Departmentcity manager shall be the final decision of the Department.

Section 14. TOBACCO RETAILING WITHOUT A VALID LICENSE.
(5.40.140 Tobacco Retailing without a) INELIGIBLE FOR LICENSE. Valid License.

In addition to any other penalty authorized by law, if the Departmentcity manager finds, or if a court of competent jurisdiction determines, after notice and an opportunity to be heard, that any person has engaged in tobacco retailing at a location without a valid tobacco retailer'sretailer’s license, either directly or through the person'sperson’s agents or employees, the person shall be ineligible to apply for, or to be issued, a tobacco retailer'sretailer’s license as follows:

A. (1) After a first violation of this section at a location, no new license may issue for the person or the location (unless ownership of the business at the location has been transferred in 13 an arm'sarm’s length transaction), until thirty (30) days have passed from the date of the violation; and the tobacco retailer will be issued a $5000 fine for selling without a license.

A.B. Notification of this violation will be sent to the jurisdiction in which the tobacco retailer was selling without a license.

Section 15. SALE OF TOBACCO PRODUCTS TO MINORS
(a) 5.40.150 Sale of Tobacco Products to Minors.

Any licensee or tobacco retailer who sells, gives, or in any way furnishes to another person who is under 21 years of age any tobacco products resulting in an arrest or citation under the California Penal Code shall result in the suspension of the tobacco retail owner'sowner’s license pending final disposition of the case. During the period of suspension, the licensee or tobacco retail owner shall be given reasonable notice and an opportunity to demonstrate to the Departmentcity manager that the tobacco products were not sold, given, or in any way furnished to another person who is under 21 years of age.

A. (1) Upon a finding by the Departmentcity manager of a first violation at a location, the license shall be suspended for thirty (30) days unless final disposition of the case does not result in a conviction.

B. (2) Upon a finding by the Departmentcity manager of a second violation at a location within any 60‐month period, the license shall be suspended for ninety (90) days unless final disposition of the case does not result in a conviction.

C. (3) Upon a finding by the Departmentcity manager of a third violation at a location within any 60‐month period, the license shall be suspended for one‐hundred and twenty (120) days unless final disposition of the case does not result in a conviction.

D. (4) Upon a finding by the Departmentcity manager of four or more violations at a location within any 60‐month period, the license shall be revoked, and no new license shall issue for the licensee until five (5) years have passed from the date of revocation unless final disposition of the case does not result in a conviction.

Section 16. ADDITIONAL REMEDIES.
(a) 5.40.160 Additional Remedies.

A. The remedies provided by this articlechapter are cumulative and in addition to any other remedies available at law or in equity.

B. (b) Whenever evidence of a violation of this articlechapter is obtained in any part through the participation of a person under the age of 21 years,such person shall not be required to appear or give testimony in any civil or administrative process brought to enforce this articlechapter and the alleged violation shall be adjudicated based upon the evidence presented. 14 C. (c) In addition to other remedies provided by this chapter or by other law, any violation of this articlechapter may be remedied by criminal prosecution by the District Attorneydistrict attorney and/or, administrative or judicial nuisance abatement proceedings, civil code enforcement proceedings, and suits for injunctive relief.

D. (d) For the purposes of the civil remedies provided in this articlechapter:

1. (1) Each day on which a tobacco product is distributed, sold, or offered for sale in violation of this articlechapter shall constitute a separate violation of this articlechapter; and

2. (2) Each individual tobacco product that is distributed, sold, or offered for sale in violation of this articlechapter shall constitute a separate violation of this articlechapter.

E. (e) All tobacco retailers are responsible for the actions of their employees relating to the sale, offer to sell, and furnishing of tobacco products at the retail location. The sale of any tobacco product by an employee shall be considered an act of the tobacco retailer.

Section 17. EXCEPTIONS.
(a) 5.40.170 Agreement for Administration and Enforcement.

5.40.180 Exceptions.

A. Nothing in this articlechapter prevents the provision of tobacco products to any person as part of an indigenous practice or a lawfully recognized religious or spiritual ceremony or practice.

B. (b) Nothing in this chapter shall be construed to penalize the purchase, use, or possession of a tobacco product by any person not engaged in tobacco retailing.

Section 18. CONSTRUCTION & SEVERABILITY. 50.40.190 Construction & Severability.

It is the intent of the Board of Supervisorscity council to supplement applicable state and federal law and not to duplicate or contradictsuch law and this ordinance shall be construed consistently with that intention. If any section,subsection,subdivision, paragraph,sentence, clause, or phrase of this articlechapter, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases of this articlechapter, or its application to any other person or circumstance.

The Board of Supervisorscity council hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof, irrespective of the fact 15 that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.

SECTION III. EFFECTIVE DATE.

This Ordinance shall take effect and be in force from and after January 1, 2025.

SECTION IV.

2. CEQA. The Board of SupervisorsCity Council finds that this ordinance is not a project within the meaning of section 15378 of the subject to the California Environmental Quality Act (“CEQA”) (CEQA). This ordinance is not a “project”, as defined in Section 15378 of the State CEQA Guidelines, because there is no potential for it to result in an impact to and will not cause a direct or physical reasonably foreseeable indirect effect or change into the physical environment, either directly or indirectly. In the event this . This ordinance is found to be subject to CEQA, it istherefore exempt from CEQA the California Environmental Quality Act pursuant to sectionSections 15061(b)(3) of the State CEQA Guidelines, known as the “Common Sense” exemption, because it can be seen with certainty that there is no possibility of a significant effect on the environment.

SECTION 3. Effective Date. This ordinance shall take effect thirty (30) days after adoption as provided by Government Code section 36937.

SECTION 4. Certification. The City Clerk shall certify to the passage and adoption of this Ordinance and shall give notice of its adoption asrequired 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
16 ATTEST:
_____________________________
Kelly Buendia, City Clerk
Meeting Date: 12/03/2024 Page 1 Agenda Item # VI.B.

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

STAFF REPORT
RE: Ordinance Requiring Exhaustion of Remedies for Prop. 218 Challenges
MEETING DATE: 12/3/2024
SUBMITTED BY: Nicholas Walker, Finance Director/ACM
PURPOSE OF REPORT: ☐Information only ☐ Discussion ☒Action Item WHAT IS BEING ASKED OF THE CITY COUNCIL/BOARD:

The City Council is being asked to conduct a second reading and hold a public hearing to consider the addition of a section to the Lakeport Municipal Code establishing a procedure requiring the exhaustion of administrative remedies for individuals or entities challenging fees, charges, and assessments on real property levied by the City of Lakeport
BACKGROUND/DISCUSSION:

The proposed ordinance is designed to establish a clear and structured process for handling challenges to fees, charges, and assessments, particularly those subject to Proposition 218 of the California Constitution.

Proposition 218 requires voter approval for certain local taxes, assessments, and property-related fees. Under the ordinance, individuals or entities that wish to challenge such fees must first exhaust all administrative remedies before pursuing legal action.

The key provisions of the ordinance include:

1. Exhaustion of Administrative Remedies:

Challengers must submit written objections to the City Clerk detailing specific grounds for any allegations of noncompliance with constitutional or other legal standards. Failure to submit these objections before the close of the public comment period during the relevant hearing will bar judicial review.

2. Procedural Requirements for the City:

The City is required to make the basis for any proposed fee or assessment publicly available 45 days before the deadline for written objections. This includes posting the rationale on the City’s website and mailing it upon request. The City must also respond in writing to any objections before or during the hearing.

3. Council Review and Decision-Making:

The City Council must consider all objections and responses from the City before making any final Meeting Date: 12/03/2024 Page 2 Agenda Item # VI.B.
decisions on whether to clarify, reduce, or proceed with the proposed fees or assessments. The Council has discretion to adjust or abandon the proposal based on the objections and feedback received.

This ordinance aims to streamline the process for handling challenges and protect the City from prolonged and costly litigation by requiring challengers to first utilize administrative remedies.

This ordinance will serve as an important tool in ensuring that challenges to fees and assessments are resolved administratively, reducing the City's exposure to unnecessary litigation while ensuring compliance with Proposition 218.

OPTIONS:

1. Conduct a second reading and hold a public hearing 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:

Comments:

Move to adopt an ordinance of the City Council adding section 1.04.020 to the Lakeport Municipal Code. ☒ Attachments: 1. Lakeport - Ordinance Requiring Exhaustion of Remedies for Prop. 218 Challenges
1 ORDINANCE NO. _______

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKEPORT ADOPTING

AN ADMINISTRATIVE REMEDIES PROCEDURE FOR CHALLENGES TO FEES,

CHARGES,AND ASSESSMENTS
______________________________________________________________________________ Be it ordained by the Council of the City of Lakeport:

Section 1. AUTHORITY. This Ordinance is authorized by the City’s authority under California Constitution, article XI, sections 7 (police power) and 9 (utility power) as well as Government Code section 53759.1.

Section 2. CODE AMENDMENT. Chapter 1.04 (General Provisions) of Title 1 (General Provisions) of the Lakeport Municipal Code is hereby amended to add a new section 1.04.020 to read as follows:

Section 1.04.020 — Exhaustion of administrative remedies for challenges to fees, charges, and assessments on real property.

A. Scope. The duty to exhaust administrative remedies imposed by this section extends to:
a. any fee or charge subject to articles XIII C or XIII D of the California Constitution,
b. any assessment on real property levied by the City, and c. the methodology used to develop and levy such a fee, charge, or assessment.

B. “Hearing” as used in this section means the hearing referenced in paragraph 4 of subsection D of this section.

C. Duty to Exhaust Issues. No person may bring a judicial action or proceeding alleging noncompliance with the California Constitution or other applicable law for any new, increased, or extended fee, charge, or assessment levied by the City, unless that person submitted to the City Clerk a timely, written objection to that fee, charge, or assessment specifying the grounds for alleging noncompliance. The issues raised in any such action or proceeding shall be limited to those raised in such an objection unless a court finds the issue could not have been raised in such an objection by those exercising reasonable diligence. 376745.2 2
D. Procedures. The City shall:
(1) Make available to the public any proposed fee, charge, or assessment to which this section is to apply no less than 45 days before the deadline for a ratepayer or assessed property owner to submit an objection pursuant to paragraph 4 of this subsection D.
(2) Post on its internet website a written basis for the fee, charge, or assessment, such as a cost of service analysis or an engineer’s report, and include a link to the internet website in the written notice of the Hearing, including, but not limited to, a notice pursuant to subdivision (c) of Section 4 or paragraph (1) of subdivision (a) of Section 6 of Article XIII D of the California Constitution. (3) Mail the written basis described in paragraph 2 of this subsection D to a ratepayer or property owner on request.
(4) Provide at least 45 days for a ratepayer or assessed property owner to review the proposed fee or assessment and to timely submit to the City Clerk a written objection to that fee, charge, or assessment that specifies the grounds for alleging noncompliance. Any objection shall be submitted before the end of the public comment portion of a Hearing on the rate, charge or assessment. (5) Include in a written notice of the Hearing, a statement in bold-faced type of 12 points or larger:
(A) That all written objections must be submitted to the City Clerk by the end of public comment period at the Hearing and that a failure to timely object in writing bars any right to challenge that fee, charge, or assessment in court and that any such action will be limited to issues identified in such objections.
(B) All substantive and procedural requirements for submitting an objection to the proposed fee, charge, or assessment such as those specified for a property-related fee under California Constitution, article XIII D, section 6(a) or for an assessment on real property under California Constitution, article XIII D, section 4(e).

E. Council Consideration; City Responses. Before or during the Hearing, the City Council shall consider and the City shall respond in writing to, any timely written objections. The City Council may adjourn the Hearing to another date if necessary to respond to comments received after the agenda is posted for the meeting at which the Hearing occurs. The City’s responses shall explain the 376745.2 3
substantive basis for retaining or altering the proposed fee, charge, or assessment in response to written objections, including any reasons to reject requested amendments.

F. City Council Determinations. The City Council, in exercising its legislative discretion, shall determine whether:
(1) The written objections and the City’s response warrant clarifications to the proposed fee, charge, or assessment.
(2) To reduce the proposed fee, charge or assessment.
(3) To further review the proposed fee, charge, or assessment before determining whether clarification or reduction is needed. (4) To proceed with the Hearing, to continue it, or to abandon the proposal.

SECTION 3. CEQA FINDINGS. The City Council finds that adoption of this Ordinance is exempt from CEQA because: (i) it is not a project within the meaning of Public Resources Code, section 21065 because it has no potential to alter the physical environment; (ii) and pursuant to CEQA Guidelines section 15061(b)(3), the so-called “common sense” exemption, for this same reason.

SECTION 4. SEVERABILITY. If any section, subsection, sentence, clause, phrase or portion of this Ordinance or its application to any person or circumstance is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance or its application to other persons and circumstances. The City Council declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase or portion thereof despite the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional and, to that end, the provisions hereof are hereby declared to be severable.

SECTION 5. EFFECTIVE DATE. This Ordinance shall be in full force and effect 30 days after its adoption pursuant to Government Code section 36937.

SECTION 6. PUBLICATION. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published pursuant to Government Code section 36933.

INTRODUCED and first read at a regular meeting of the City Council on the 19th day of November 2024.
376745.2 4
FINAL PASSAGE AND ADOPTION by the City Council of the City of Lakeport was at a meeting held on the 3rd day of December 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINING:
______________________________
Michael Froio, Mayor
ATTEST:
______________________________
Kelly Buendia, City Clerk
Meeting Date: 12/03/2024 Page 1 Agenda Item #VII.A.1.

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

STAFF REPORT
RE: Periodic Review of Traffic Safety Related Complaints MEETING DATE: 12/03/2024 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 asked to discuss and review observed trends in received traffic safety related complaints to the City of Lakeport.

BACKGROUND/DISCUSSION:

City staff began formally tracking and logging traffic safety related complaints in June 2015 and more recently began providing periodic reviews of traffic complaints to the City Council. The purpose of the periodic review is to monitor developing trends with the intention of identifying potential future agenda items or projects for Council consideration.

Summary of Traffic Safety Complaints (February 2024 to Present) With the implementation of the OpenGov system, residents can now submit traffic safety complaints electronically through the “Report a Problem” module. These submissions are incorporated into the City’s analysis of traffic safety issues.

Since the last Council review in February 2024, staff received a limited number of complaints, which do not indicate significant trends or major problem areas when compared to accident data. Most complaints, including those related to sign obstructions, damaged signage, and crosswalk re-striping, were promptly addressed. Some traffic enforcement concerns were referred to the police department for increased monitoring.

Two notable areas require further discussion:

1. High Street One-Way Segment (Eleventh Street to Clear Lake Avenue) o Ongoing complaints about wrong-way drivers on this one-block segment have prompted Lakeport PD to increase enforcement.
o During scheduled striping projects in Spring 2025, directional arrows will be added to this roadway to reduce accidental violations. However, enforcement will remain the primary solution for deliberate misuse of the roadway as a shortcut.

2. Bicycle and Pedestrian Safety in Roadway Projects
o Public feedback during recent project completions emphasized the need for enhanced bicycle and pedestrian infrastructure.
o Planned Spring 2025 restriping will address some concerns, such as adding a crosswalk at Lakeshore and Green Street.

Meeting Date: 12/03/2024 Page 2 Agenda Item #VII.A.1.
o Suggestions for a Class II bike lane on South Main Street will require further analysis and public input, as implementation may impact the center turn lane or parking spaces.

Recent Traffic Safety Improvements
Several key projects were completed to enhance overall traffic safety:
• Enhanced Lighted Crosswalk on Eleventh Street: A Rectangular Rapid Flashing Beacon (RRFB) was installed to improve pedestrian visibility at the High Street intersection. • Citywide Signage Replacement: Funded through a Caltrans HSIP grant, regulatory, informational, and street signs were replaced to improve visibility and reflectivity citywide. • South Main Pedestrian Improvements: Over $300,000 in improvements included filling sidewalk gaps, upgrading ADA ramps, and relocating utilities for better pedestrian access. Four RRFB crossings will be installed as part of the South Main Pavement Rehabilitation Project. Scheduled to be completed in Spring 2025.
• AB 413 Pedestrian Crossing Enhancements: Red curb “daylighting” was implemented at key crosswalks to improve visibility, including Main Street intersections at Sixth, Seventh, and Eleventh Streets as well as Lange and Giselman Streets near the schools.
• Green and Sayre Pavement Project: New and replacement sidewalks were added, along with ADA upgrades and clear space improvements.

Enhanced Enforcement Efforts
Increased staffing at the Lakeport Police Department has enabled expanded traffic enforcement, including:
• Radar Certification Training: Several officers have completed necessary certifications to enforce speed limits using radar devices.
• Community Policing Program: Officers have been assigned specific areas of the city to enhance community engagement. They proactively interact with residents to better understand and address localized concerns, including traffic safety issues.
• School Resource Officer Program: Enhanced enforcement around schools and bus stops at the start of the school year.
• Focused Enforcement: Increased patrols along the Eleventh Street and Main Street corridor. • Speed Trailer: A speed trailer/message sign will be incorporated into enforcement efforts once received by year-end.

City staff will continue to review received traffic safety related complaints on a quarterly basis to ensure minor issues are addressed timely and identify concerning trends early.

OPTIONS:
1) Receive and file report.
2) Provide additional staff 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:

Comments: None
Meeting Date: 12/03/2024 Page 3 Agenda Item #VII.A.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:

None
☐ Attachments: None

Lakeport City CouncilDecember 3, 2024

Lakeport City Council
December 3, 2024